Natnael Zemene v. Commonwealth

Summary

The court affirmed the denial of the defendant's emergency petition, holding that retrying him for carrying a firearm without a license would not violate double jeopardy. It concluded that the relevant change in the elements of the offense occurred when Massachusetts law shifted the burden concerning licensure, rather than when the United States Supreme Court issued its earlier decision. Because that burden had not shifted when the defendant was tried, retrial was permissible. No separate opinions were filed.