Massachusetts Supreme Judicial Court· 5/29/2003
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 CourtListenerCited by
10 cases in this archive cite this case.
- State v. NashSupreme Court of New Jersey· 2013-01-22· cited 742×
- Commonwealth v. BlacheMassachusetts Supreme Judicial Court· 2008-02-08· cited 33×
- Commonwealth v. JohnsonMassachusetts Appeals Court· 2003-09-04· cited 13×
- Commonwealth v. PelosiMassachusetts Supreme Judicial Court· 2004-03-19· cited 12×
- Commonwealth v. UrbanMassachusetts Supreme Judicial Court· 2008-02-08· cited 10×
- Commonwealth v. Niels N.Massachusetts Appeals Court· 2009-02-23· cited 8×
- Commonwealth v. LeBlancMassachusetts Supreme Judicial Court· 2010-02-18· cited 7×
- Commonwealth v. UrbanMassachusetts Appeals Court· 2006-09-11· cited 5×
- Commonwealth v. FlahertyMassachusetts Appeals Court· 2004-09-07· cited 4×
- Commonwealth v. ButlerMassachusetts Appeals Court· 2020-03-26
Cites
8 cases in this archive are cited by this case.
- Commonwealth v. AlphasMassachusetts Supreme Judicial Court· 1999-07-07· cited 290×
- Commonwealth v. BishopMassachusetts Supreme Judicial Court· 1993-08-16· cited 129×
- Commonwealth v. FullerMassachusetts Supreme Judicial Court· 1996-07-17· cited 80×
- Commonwealth v. LopezMassachusetts Supreme Judicial Court· 2001-04-17· cited 54×
- Commonwealth v. ThomasMassachusetts Supreme Judicial Court· 1987-08-12· cited 44×
- Commonwealth v. SimcockMassachusetts Appeals Court· 1991-08-06· cited 24×
- Commonwealth v. BlackMassachusetts Appeals Court· 2000-11-15· cited 17×
- Commonwealth v. JuzbaMassachusetts Appeals Court· 1999-02-12· cited 14×
Sourced from CourtListener / Free Law Project (CC0).
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