Commonwealth v. Shea
467 Mass. 788
| Mass. | 2014Background
- Defendant Donna Shea was convicted in a District Court of violating a New Hampshire protection order issued for the victim, Christine Frawley.
- The New Hampshire order prohibited abuse, contact, and proximity to the victim and was in effect until 2011.
- The victim obtained the NH order while residing in New Hampshire; Shea was served in Massachusetts.
- Shea later sought a Massachusetts abuse protection order against the victim; a hearing was held and the order denial followed.
- After sentencing, the conviction under Massachusetts General Laws c. 209A, § 7 was appealed, challenging jury instructions on intent and unanimity, and adequacy of an accident instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What law governs a violation of a protection order issued by another state when violated in Massachusetts? | Shea argued NH law should apply to knowledge of violation. | Massachusetts law should govern since the violation occurred in Massachusetts. | Massachusetts law governs the violation; no miscarriage of justice. |
| Was the accident instruction adequately framed so the Commonwealth must prove non-accidental contact beyond a reasonable doubt? | Accident instruction was inadequate under the facts. | Instruction on incidental contact was sufficient. | Inadequate accident instruction but no substantial risk of miscarriage due to adequate incidental-contact guidance. |
| Was a specific unanimity instruction required given two potential incidents constituting the violation? | Jury should specify which incident formed the basis of the offense. | No specific unanimity instruction was necessary due to short spatial/temporal separation. | Absence of specific unanimity instruction did not create substantial risk of miscarriage. |
Key Cases Cited
- Commonwealth v. Delaney, 425 Mass. 587 (Mass. 1997) (four elements for c. 209A § 7 violation)
- Commonwealth v. Raymond, 54 Mass. App. Ct. 488 (Mass. App. Ct. 2002) (certainty of incidental contact and knowledge requirements)
- Commonwealth v. Finase, 435 Mass. 310 (Mass. 2001) (knowledge and intent in 209A violations; accident limitations)
- Commonwealth v. Kendrick, 446 Mass. 72 (Mass. 2006) (accidental contact in no-contact orders; necessity to end contact)
- Commonwealth v. Santos, 440 Mass. 281 (Mass. 2003) (specific unanimity when multiple discrete incidents exist)
- Commonwealth v. Accetta, 422 Mass. 642 (Mass. 1996) (unanimity and multiple incidents; continuing course of conduct)
- Commonwealth v. Alphas, 430 Mass. 8 (Mass. 1999) (substantial-risk-of-miscarriage standard and review body of evidence)
- Commonwealth v. Whitman, 430 Mass. 746 (Mass. 2000) (totality-of-the-evidence approach to instructional error)