Respondent's counsel told judges the petitioners failed to prove charges by a preponderance of the evidence and urged answers of "no" to charge questions, arguing the record lacks direct proof of wrongdoing or disclosure of confidential deliberations.

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.

At the Nov. 7, 2025 sitting, the Massachusetts Appeals Court heard argument over whether the evidence was sufficient to sustain a second‑degree murder conviction in Commonwealth v. Smith. Defense counsel argued the prosecution relied on inference after inference and that critical mens rea — knowledge that a deadly attack was likely — was not shown.

In Commonwealth v. Lassiter Franklin (24P580), defense counsel argued the Commonwealth failed to tie the CJIS database search terms and date of birth to the defendant, relying on the Supreme Judicial Court’s decision in Commonwealth v. Quentin Smith and a recent unpublished decision, Laquan Brown. The Commonwealth responded that the defendant’s on‑

At oral argument at the University of Memphis School of Law, defense counsel for the appellant argued that evidence showing only that a firearm was next to the defendant in a small camper did not prove possession, while the state urged deference to the jury’s verdict based on photographs and testimony.