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Massachusetts Appeals Court hears six appeals on jury instructions, GPS evidence, zoning and conservatorship
Summary
On March 13, 2026, a three-judge panel of the Massachusetts Appeals Court heard oral arguments in six appeals, including disputes over constructive-possession jury instructions in a firearm case, GPS-data admissibility in a sexual‑assault conviction, an abutter's standing in a Dennis zoning decision, conservatorship limits on making a will, and a tax-exemption dispute over who qualifies as the 'taxpayer.'
The Massachusetts Appeals Court convened in Boston on March 13, 2026, and heard arguments in six appeals spanning criminal and civil law.
A three-judge panel presided over two criminal appeals that tested jury instructions and evidence handling. In Commonwealth v. Deersus, defense counsel argued that an instruction on constructive possession — phrased as possession "through another" — created a confusing pathway by which jurors could convict the appellant despite ambiguity over which person actually possessed the firearm. Counsel told the court he feared the instruction let jurors convict the defendant "through another" where the co‑defendant might lawfully possess the gun. Assistant District Attorney Matthew Palano said the record and the jury’s verdicts show the Commonwealth proved the defendant lacked a license and that any instructional issue was…
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