Logourl black
From our private database of 14,000+ case briefs...

Commonwealth v. Mills

Supreme Judicial Court of Massachusetts
764 N.E.2d 854 (2002)


Facts

James Mills (defendant) retired from the Boston Police Department after being diagnosed with heart disease. Mills applied for and received a disability pension from the City of Boston (City) of $15,500 per year. To receive the funds, Mills was required to sign a document stating, under penalty of perjury, that he earned income below a specific threshold. Mills started a private-investigation business and was regularly retained by appointed counsel for indigent defendants. Mills billed the City’s Committee for Public Counsel Services (CPCS) for the work he performed. However, Mills often submitted bills to CPCS for more than 24 hours of work in a single day. Mills also underreported his income to the City in order to receive his full disability pension. Mills was eventually charged with larceny and larceny by false pretenses in state trial court. At the close of the prosecution’s case at trial, Mills moved for acquittal on the larceny charge. The trial court denied the motion. Mills was convicted on multiple counts of larceny, larceny by false pretenses, and other crimes. Mills appealed, arguing that filing false earnings reports and underreporting his income did not constitute theft.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Spina, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 175,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.