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SJC orders new trial based on evidence about eyewitness
A defendant convicted of first-degree murder has been granted a new trial based on nondisclosed, newly discovered and newly available evidence.
Criminal – Murder – New trial motion
Where a judge allowed a motion for a new trial filed by a defendant who was convicted of first-degree murder and unlawful possession of a firearm, the judge did not commit a significant error of law or abuse his discretion in concluding that newly discovered and newly available evidence casts real doubt on the justice of the defendant's convictions.
Criminal – Post-arrest silence
Where a defendant was convicted of aggravated rape of a child and indecent assault and battery of a child under the age of 14, the convictions must be vacated because a detective's testimony on the defendant's post-arrest silence constituted error that was not harmless beyond a reasonable doubt.
Hearing granted based on third-party culprit evidence
A defendant convicted of first-degree murder should have been granted a hearing on his motion for a new trial, the Supreme Judicial Court has ruled.
Criminal – New trial motion
Where a judge granted a defendant's new trial motion on the basis that defense counsel had provided ineffective assistance in failing to call a certain witness, we hold that the motion allowance should be reversed because counsel's decision not to call the witness was a reasoned tactical judgment.
Civil practice – New trial motion
Where the defendant in an insurance case has moved for a new trial on the issue of whether property damage was “expected or intended," its motion must be denied as untimely.
