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Appeals court revisits improper-storage and possession evidence in Henry appeal
Summary
Counsel for Davio Vardamis Henry argued evidence did not support an improper-storage conviction because the firearm was quickly retrieved from a backpack; the Commonwealth countered that timeline and jury instructions supported the verdict and that records used at trial were admissible.
The Appeals Court heard argument in Commonwealth v. Artemis Henry, Docket No. 23-P-0820, addressing whether the Commonwealth proved improper storage and constructive possession of a firearm found in a backpack.
Defense counsel Hayne Barnwell told the panel the gun was "readily and easily accessible" but that the Commonwealth failed to show improper storage under the statute because the defendant's conduct and the timing (he was a short distance from the vehicle and returned quickly) did not…
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