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Commonwealth v. Moran

Citations

  • 439 Mass. 482
  • 789 N.E.2d 121
  • 2003 Mass. LEXIS 436

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reversing conviction because “credibility was pivotal to the case” and the exclusion of evidence that would have impeached complainant “created a substantial risk of a miscarriage of justice.”
  • Burke instruction warranted where intoxicated complainant was asleep each time defendant started performing sexual acts on her, and after waking she felt drugged and unable to act
  • in light of purpose, language, and contents of record, explanation of diagnostic terms by medical expert not necessary
  • “there is no basis to invoke the Bishop-Fuller protocol” where “no claimed privileges apply”
  • instruction on capacity to consent warranted where complainant had been drinking, had glassy and bloodshot eyes, and was swaying; ingested Percocet; and testified that she felt drugged and that she was sleeping but awoke each time the defendant committed sexual acts on her
  • evidence did not merit instruction

Source: CourtListener parenthetical corpus (CC0).

Judges: Greaney

Read full opinion on CourtListener

Cited by

10 cases in this archive cite this case.

Cites

8 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.