[Download] "Commonwealth v. Gary Perreira" by Appeals Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Gary Perreira
- Author : Appeals Court of Massachusetts
- Release Date : January 06, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Child Abuse. Rape. Indecent Assault and Battery. Evidence, Sexual conduct, Fresh complaint. The defendant Gary Perreira appealed to this court from judgments of conviction of the crimes of rape by use of force of his daughter, whom we shall call Anna, a child under sixteen (G. L. c. 265, § 22A), and indecent assault and battery upon her, a child under fourteen (G. L. c. 265, § 13B). We halted proceedings here pending decision by the trial Judge of the defendant's motion for a new trial, and then consolidated the defendant's appeal from the Judge's denial of the new trial with the appeal from the convictions. The issues raised by the motion for a new trial included ineffective assistance of counsel, with the Judge declining to hold an evidentiary hearing. We need not reach that issue because we conclude, on the basis of the trial record, that two witnesses were improperly allowed to testify regarding ""fresh complaints"" and that this created a substantial risk of a miscarriage of Justice. Accordingly, we reverse and remand for a new trial.