conduct-based analysis in Massachusetts

2017See also Commonwealth v. Gallant, 65 Mass. App. Ct. 409 , 414-415 *373 (2006) (“it is difficult to see how ... a conduct-based test could ever possibly mesh with the Morey standard”).

2010See also Commonwealth v. Jones, 441 Mass. 73, 76 (2004) (the actual criminal conduct alleged is wholly irrelevant to the application of the Morey rule; rather, the elements of the crimes charged are considered objectively, without regard to the facts); Commonwealth v. Gallant, 65 Mass. App. Ct. 409, 414-415 (2006) (“[I]t is difficult to see how such a conduct-based test could ever possibly mesh with the Morey standard, [because] the Morey rule only applies to situations in which two or more convictions arise out of precisely the same act, let alone acts ‘closely related in fact’ ”).

2009Discussing cases relied on by the defendant here, including Commonwealth v. Keohane, supra at 574-575 , the Vick court noted, supra at 433-434, that “it may appear that our well-established, elements-based approach to analyzing purported duplicative convictions, as first articulated in Morey , has been expanded over the years to permit a conduct-based analysis of the facts of a particular case to determine whether a defendant’s acts in one criminal event are so closely related as to constitute in substance a single crime such that the defendant can be punished only for the greater offense. . .

2009See, e.g., Commonwealth v. Cabrera, supra at 827-828 (first analyzing elements of breaking and entering in nighttime with felonious intent and of receiving stolen property, then considering defendant’s specific conduct); Commonwealth v. Keohane, 444 Mass. 563, 574-575 (2005) (stating that court continues to adhere to elements-based test of Morey, but that judge also may look at defendant’s actions); Commonwealth v. Jones, 441 Mass, at 76 (first analyzing elements of burning motor vehicle and of burning insured property with intent to defraud insurer, then considering particular actions of defe

1998The Crocker decision, 384 Mass. at 361 , expressly overruled two prior decisions, Commonwealth v. Cerveny, 373 Mass. 345, 354-356 (1977), and Commonwealth v. Catania, 377 Mass. 186, 191 (1979), in which the Supreme Judicial Court had barred multiple punishments using what amounted to a conduct-based analysis. 4 Both cases — like Crocker — involved convictions of larceny by false pretenses and a related offense (uttering in Catania and peijury in a public record in Cerveny) arising out of a single act.

1998In that case, we concluded that Commonwealth v. Crocker, 384 Mass. 353, 357 (1981), dictates the outcome, i.e., a conduct-based standard in instances of successive prosecution, but an elements-based approach in the context of multiple punishments imposed at a single trial.

2025See Commonwealth v. Suero, 465 Mass. 215, 221 (2013).

2024See, e.g., Commonwealth v. Santos, 440 Mass. 281, 292-294 (2003), overruled on other grounds by Commonwealth v. Anderson, 461 Mass. 616, 633-634 , cert. denied, 568 U.S. 946 (2012).

2024See, e.g., Commonwealth v. Santos, 440 Mass. 281, 292-294 (2003), overruled on other grounds by Commonwealth v. Anderson, 461 Mass. 616, 633-634 , cert. denied, 568 U.S. 946 (2012).

2024See, e.g., Commonwealth v. Santos, 440 Mass. 281, 292-294 (2003), overruled on other grounds by Commonwealth v. Anderson, 461 Mass. 616, 633-634 , cert. denied, 568 U.S. 946 (2012).

2010See also Commonwealth v. Jones, 441 Mass. 73, 76 (2004) (the actual criminal conduct alleged is wholly irrelevant to the application of the Morey rule; rather, the elements of the crimes charged are considered objectively, without regard to the facts); Commonwealth v. Gallant, 65 Mass. App. Ct. 409, 414-415 (2006) (“[I]t is difficult to see how such a conduct-based test could ever possibly mesh with the Morey standard, [because] the Morey rule only applies to situations in which two or more convictions arise out of precisely the same act, let alone acts ‘closely related in fact’ ”).

2009See, e.g., Commonwealth v. Cabrera, supra at 827-828 (first analyzing elements of breaking and entering in nighttime with felonious intent and of receiving stolen property, then considering defendant’s specific conduct); Commonwealth v. Keohane, 444 Mass. 563, 574-575 (2005) (stating that court continues to adhere to elements-based test of Morey, but that judge also may look at defendant’s actions); Commonwealth v. Jones, 441 Mass, at 76 (first analyzing elements of burning motor vehicle and of burning insured property with intent to defraud insurer, then considering particular actions of defe

2009See, e.g., Commonwealth v. Cabrera, supra at 827-828 (first analyzing elements of breaking and entering in nighttime with felonious intent and of receiving stolen property, then considering defendant’s specific conduct); Commonwealth v. Keohane, 444 Mass. 563, 574-575 (2005) (stating that court continues to adhere to elements-based test of Morey, but that judge also may look at defendant’s actions); Commonwealth v. Jones, 441 Mass, at 76 (first analyzing elements of burning motor vehicle and of burning insured property with intent to defraud insurer, then considering particular actions of defe

2009See, e.g., Commonwealth v. Cabrera, supra at 827-828 (first analyzing elements of breaking and entering in nighttime with felonious intent and of receiving stolen property, then considering defendant’s specific conduct); Commonwealth v. Keohane, 444 Mass. 563, 574-575 (2005) (stating that court continues to adhere to elements-based test of Morey, but that judge also may look at defendant’s actions); Commonwealth v. Jones, 441 Mass, at 76 (first analyzing elements of burning motor vehicle and of burning insured property with intent to defraud insurer, then considering particular actions of defe

2009See also Commonwealth v. Gallarelli, supra at 578 (disapproving adoption of “same transaction” rule and concluding that court was not “inclined as a matter of policy to modify [its] approval of the ‘same evidence’ rule as first clearly enunciated in Morey”); Commonwealth v. Niels N., 73 Mass. App. Ct. 689, 709-710 (2009) (Cypher, J., dissenting in part) (analyzing development of line of case departing from doctrinal principles of Morey and Blockburger); Commonwealth v. Gallant, 65 Mass. App. Ct. 409, 414-415 (2006) (stating that “it is difficult to see how such a conduct-based test could ever

2009See also Commonwealth v. Gallarelli, supra at 578 (disapproving adoption of “same transaction” rule and concluding that court was not “inclined as a matter of policy to modify [its] approval of the ‘same evidence’ rule as first clearly enunciated in Morey”); Commonwealth v. Niels N., 73 Mass. App. Ct. 689, 709-710 (2009) (Cypher, J., dissenting in part) (analyzing development of line of case departing from doctrinal principles of Morey and Blockburger); Commonwealth v. Gallant, 65 Mass. App. Ct. 409, 414-415 (2006) (stating that “it is difficult to see how such a conduct-based test could ever

2006See, e.g., Commonwealth v. Sanchez, 405 Mass. 369, 381-382 (1989); Commonwealth v. Mamay, 407 Mass. 412, 418-419 (1990); Commonwealth v. Maldonado, 429 Mass. 502, 509-510 (1999). 8 Further, and more important, it is difficult to see how such a conduct-based test could ever possibly mesh with the Morey standard.

2006See, e.g., Commonwealth v. Sanchez, 405 Mass. 369, 381-382 (1989); Commonwealth v. Mamay, 407 Mass. 412, 418-419 (1990); Commonwealth v. Maldonado, 429 Mass. 502, 509-510 (1999). 8 Further, and more important, it is difficult to see how such a conduct-based test could ever possibly mesh with the Morey standard.

2006See, e.g., Commonwealth v. Sanchez, 405 Mass. 369, 381-382 (1989); Commonwealth v. Mamay, 407 Mass. 412, 418-419 (1990); Commonwealth v. Maldonado, 429 Mass. 502, 509-510 (1999). 8 Further, and more important, it is difficult to see how such a conduct-based test could ever possibly mesh with the Morey standard.

1998The reasoning of Crocker was affirmed by the Supreme Judicial Court most recently in Commonwealth v. Alvarez, 413 Mass. 224, 232 (1992).

1998The reasoning of Crocker was affirmed by the Supreme Judicial Court most recently in Commonwealth v. Alvarez, 413 Mass. 224, 232 (1992).

1998In Grady v. Corbin, 495 U.S. 508 (1990), the Court held that even if two successive prosecutions were not barred by Blockburger v. United States, 284 U.S. 299, 304 (1932), the Federal counterpart of Morey , such prosecutions could be barred under a conduct-based analysis, similar to the one delineated in Jones .

1998The Crocker decision, 384 Mass. at 361 , expressly overruled two prior decisions, Commonwealth v. Cerveny, 373 Mass. 345, 354-356 (1977), and Commonwealth v. Catania, 377 Mass. 186, 191 (1979), in which the Supreme Judicial Court had barred multiple punishments using what amounted to a conduct-based analysis. 4 Both cases — like Crocker — involved convictions of larceny by false pretenses and a related offense (uttering in Catania and peijury in a public record in Cerveny) arising out of a single act.