Commonwealth v. Magadini
Massachusetts Supreme Judicial Court
52 N.E.3d 1041 (2016)
- Written by Eric Miller, JD
Facts
David Magadini (defendant) briefly lived in his town’s homeless shelter before he was told to leave and denied reentry. Magadini then lived mostly outdoors. However, Magadini sometimes sought shelter in private buildings, particularly on colder nights. Lacking money for a hotel or apartment, Magadini entered three buildings at various points, resulting in no-trespass orders applicable to each building. Despite these orders, Magadini was later caught entering each of the buildings again to seek shelter. Six of these trespass incidents occurred in the winter or early spring, though one occurred in June. The Commonwealth of Massachusetts (plaintiff) charged Magadini with seven counts of criminal trespass. At trial, Magadini requested a jury instruction on the defense of necessity. The judge, focusing entirely on the perceived availability of lawful alternatives to trespass, denied the motion. Magadini was convicted and sentenced to time in a corrections facility. Magadini appealed to the Massachusetts Supreme Judicial Court.
Rule of Law
Issue
Holding and Reasoning (Hines, J.)
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