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Commonwealth v. Thomas

Citations

  • 429 Mass. 146
  • 706 N.E.2d 669
  • 1999 Mass. LEXIS 116

How courts have described this case

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

  • missing witness instruction advised jury that they could draw inference that testimony of witness who did not testify would have been unfavorable to particular party
  • finding cross-examination “strongly implied” fabrication by inquiring into why the witness had not immediately informed police on certain details
  • testimony of relative of defendant is “inherently less credible than the testimony of other witnesses”
  • prosecutor’s opening statement “must be judged in light of the enhre [statement], the judge’s instructions to the jury, and the evidence actually introduced at trial”
  • defendant’s girlfriend legitimately designated a “missing witness” because she “[w]ould have been expected to offer testimony . . . that ‘could not be duplicated’ by any other witness”
  • “A prosecutor in his opening may explain the facts that he expects to prove during the trial, so long as he has a good faith expectation that he will be able to do so with relevant and admissible evidence”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fried

Read full opinion on CourtListener

Cited by

58 cases in this archive cite this case; the 20 most cited are listed.

Cites

50 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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.