Mass. Appeals Court

Commonwealth v. Kaweesi Marvin

Docket No.: 101 Mass. App. Ct. 1119 (2022)

CLIENT WAS FOUND GUILTY OF OUI-LIQUOR AFTER TRIAL, BUT ATTORNEY PATRICK J. NOONAN WINS THE CASE ON APPEAL, THE CONVICTION IS REVERSED, AND THE CLIENT IS FOUND NOT GUILTY. CASE WAS FEATURED IN LAWYER’S WEEKLY PUBLICATION.

The client is an immigrant and not a legal U.S. citizen. While represented by another highly-experienced and effective attorney, the client was found guilty of Operating under the Influence of Alcohol after a bench-trial in the Waltham District Court. Prior counsel and the client sought Attorney Patrick J. Noonan’s services in appealing the conviction.

Result: On appeal, Attorney Patrick J. Noonan argued that the evidence of the Defendant’s intoxication was insufficient, as a matter of law, and he should have been found not guilty by the trial judge. There are very few appeals finding that evidence of intoxication was insufficient as a matter of law. In a rare case, Attorney Noonan was able to persuade the Appeals Court that the evidence of intoxication was insufficient requiring reversal of the conviction. The Appeals Court reversed the conviction and the client was subsequently found not guilty.