The SJC Standing Advisory Committee on the Rules of Criminal Procedure invites comments on a proposed amendment to Mass. R. Crim. P. 15(a)(3). The Standing Advisory Committee previously proposed deleting Rule 15(a)(3) as that provision no longer reflects the law. The Standing Advisory Committee now …Continue Reading Comments Invited on Proposed Changes to Criminal Rule 15
In Commonwealth v. Dorazio, decided this week, the SJC addressed the issue of the admissibility of evidence from a past incident which resulted in the acquittal of the defendant. The court said, in part, “As a matter of Federal constitutional law, collateral estoppel does not bar …Continue Reading Admissibility of Acquittal Evidence
In Commonwealth v. Bruneau, decided last week, the SJC ruled that ” a defendant who is found not guilty by reason of mental illness may appeal under G. L. c. 278, § 28. ” “Although a finding of not guilty by reason of mental illness …Continue Reading Appealing from Finding of Not Guilty by Reason of Mental Illness
The text of new Rule 23 and the initial paragraph of the Reporter’s Notes, which explains the reason for its creation is reproduced here: (a) Essential Elements. Any stipulation to an essential element of a charged offense entered by the parties before or during trial shall be in writing and …Continue Reading Criminal Procedure Rule 23: Stipulations, effective July 1, 2015
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