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Appeals court probes sufficiency of evidence used to establish ACCA predicate felonies in Mallory case
Summary
Defense counsel argued the Commonwealth failed to prove that three prior convictions met the ACCA's violent‑felony definition because the ACCA jury lacked plea/ instruction records and testimony was not probative of what the original juries decided; Commonwealth urged broader admissibility under Ashford and relied on witness testimony and certified records.
The Appeals Court heard extensive argument on whether the Commonwealth presented sufficient evidence at a 2019 ACCA proceeding to treat three prior convictions as violent predicates in Commonwealth v. Ally Jerome Mallory (2020‑11333 and related docket entries).
Defense counsel Matt Spurlock argued that the Commonwealth failed its burden: for the 1998 plea (assault and battery with a dangerous weapon), the government offered no plea colloquy or Shepard documents…
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