Com v. Velazquez

Commonwealth v. Velazquez
Massachusetts Appeals Court
January 26, 2011
Docket No. 08-P-1042

Rape, Evidence, First complaint, Expert opinion, Witness, Expert

The defendant was convicted of four counts of forcible rape of a child.  On appeal, the defendant challenged whether the errors at trial, including errors concerning the first complaint doctrine to which the Commonwealth conceded, required a new trial.  The Appeals Court reversed the defendant’s convictions and ordered a new trial.

Com. v. Sullivan

Commonwealth v. Sullivan
January 24, 2011
78 Mass.App.Ct. 631

Juvenile Court, Jurisdiction. Superior Court, Transfer hearing, First Complaint, Rape

The defendant was convicted of one count of rape of a person under sixteen by force.  On appeal, the defendant challenged whether the Juvenile Court had jurisdiction, under G. L. c. 119, § 72A, to transfer the proceedings to Superior Court.  The defendant also raised the issue of whether his due process rights were violated by being prosecuted in the Superior Court instead of the Juvenile Court.  Lastly, the defendant argued that the trial judge erred in allowing the victim’s friend to testify about what the victim testified was the second complaint of the rape.  The judgment was affirmed.

Com v. Dargon, 7/29/10

Commonwealth v. Joshua Dargon, July 29, 2010

457 Mass. 387

Rape, Indecent Assault and Battery, Admissibility of Records challenged under G.L.c. 233 § 79, First Complaint, Closing Argument, Ineffective Assistance of Counsel

The defendant was found guilty of aggravated rape, indecent assault and battery on a person over the age of fourteen, assault and battery, and assault and battery by means of a dangerous weapon.  The defendant appeals his convictions claiming that evidence in written form that was part of the sexual assault evidence kit included statements made by the victim that should not have been allowed, that the prosecutor’s closing argument was improper, and that his counsel was ineffective.  The SJC affirmed the defendant’s convictions.