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Monthly Archives: November 2011

Rape by Mental Incapacity (access required)

The Court of Appeals affirms a bench trial conviction for rape by mental incapacity but reverses and remands a conviction for forcible sodomy; victim corroborated defendant’s rape confession and expert testimony established her mental incapacity, but the evidence was insufficient ...

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Handcuffing Not Arrest (access required)

The Court of Appeals affirms defendant’s bench trial conviction for assault and battery of a law enforcement officer performing duties; defendant had no right to resist the police officer’s handcuffing him to protect himself, defendant’s grandmother and toddler daughter. Grandmother ...

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Undisclosed Victim Interview Violates Brady (access required)

A majority of the Court of Appeals reverses and remands defendant’s jury trial convictions for taking indecent liberties with a child, aggravated sexual battery and animate object penetration; the commonwealth’s failure to disclose before trial a recording of victim’s interview ...

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