In a recent decision, Commonwealth v. Espinal, the Supreme Judicial Court affirmed the defendant’s conviction of indecent assault and battery on a child under the age of fourteen, ruling that in the circumstances of this case, the judge did not abuse his discretion in “denying [the defendant’s] request that a question…
In a recent decision – Commonwealth v. Feliz – the Supreme Judicial Court ruled that the imposition of GPS monitoring as a condition of the defendant’s probation and pursuant to G.L. c. 265, §47 was an unconstitutional search under art. 14 of the Massachusetts Declaration of Rights. The background was…
In Commonwealth v. Sherman, the Supreme Judicial Court dealt with an issue of first impression in a sexual assault case prosecution. In the decision, the SJC opined that, in a rape case, “an additional element of proof — [the victim’s] communication of the withdrawal of consent — is required to…
In Commonwealth v. Childs, the Appeals Court affirmed the defendant’s convictions of indecent assault and battery and indecent assault and battery on a child. In its decision, the Appeals Court ruled that the judge properly admitted evidence of uncharged misconduct by the defendant toward the complainant, in order “to show the…
A divided SJC reversed the defendant’s convictions for various sex offenses – rape of a child and indecent assault and battery upon a child – in Commonwealth v. Alvarez because the prosecutor, in her closing argument, erroneously “told the jury of critical corroborative evidence that was not presented at trial.” The background…
In a recent decision – Noe v. Sex Offender Registry Board – the Supreme Judicial Court ruled (1) that in sex offender registry reclassification proceedings initiated by an offender, the Sex Offender Registry Board (board) bears the burden of proof by clear and convincing evidence; and (2) that “indigent sex offenders…
In Commonwealth v. Wimer, the Supreme Judicial Court ruled that the defendant did not have to register as a sex offender because his two convictions for sex offenses – specifically, two convictions for open and gross lewdness – were adjudicated during the same proceeding, such that he did not have…
In a recent case – Commonwealth v. Grundman – the Supreme Judicial Court ruled that GPS could not be imposed as an additional condition of release approximately ten months after the defendant’s original sentencing hearing. The background was as follows. The defendant pleaded guilty to several counts of rape of a…
In Commonwealth v. Wilbur W., the Supreme Judicial Court affirmed a juvenile defendant’s adjudication as delinquent for having committed statutory rape, rejecting the juvenile’s contention “that this was a case of juvenile experimentation among peers rather than a case of sexual abuse.” The background was as follows. At the time…
In a recent decision – Commonwealth v. Cruz– the Appeals Court reversed the defendant’s convictions of two counts of indecent assault and battery on a child, subsequent offense, because “there was insufficient evidence to support his convictions.” The background was as follows. The complainant (Jane), “a thirteen year old girl,…