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Tag Archives: Judge Robert J. Humphreys

No Felony Without ‘Serious’ Mental Injury (access required)

Although a 17-year-old girl who was forcibly molested by the two defendants was understandably “agitated” and “upset,” even two years later when she testified at their trial, the commonwealth failed to establish the girl suffered a particularly “grave” mental injury, ...

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PD at Prelim Can Testify Against Defendant at Trial (access required)

A public defender who represented defendant at his preliminary hearing could testify at defendant’s trial for aggravated malicious wounding about a prosecution witness’s earlier testimony, after the trial court ruled the witness was “unavailable because of his present lack of ...

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Hearsay Admission at Revocation Hearing Was Error (access required)

At a robbery defendant’s probation revocation hearing, the trial court violated defendant’s due process right to confront the witnesses against him when it admitted a detective’s hearsay testimony concerning two other offenses, one which never resulted in charges against the ...

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