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Commonwealth v. Nee

Supreme Judicial Court of Massachusetts

935 N.E.2d 1276 (2010)

Relevant factsFree

Nee (defendant) reported to police that a fellow student, Kerns, had planned to blow up their school, but denied his own involvement; a co-conspirator's testimony under an immunity grant revealed Nee had actually developed the plot and recruited the others, and Nee was convicted after the trial judge declined to apply a renunciation defense, which he appealed.

IssueFree

Whether the affirmative defense of renunciation of a conspiracy is available if a defendant denies involvement in the conspiracy.

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