DISCLAIMER:

These summaries of case decisions are intended for informational purposes only. They are not intended to be interpretations of the law, nor do they encompass the subtleties of each case. Therefore, reference to the original text is indispensable.



Showing posts with label Prior Violent Conduct. Show all posts
Showing posts with label Prior Violent Conduct. Show all posts

Thursday, January 6, 2011

Com v. R. Amaral

Commonwealth v. Robert Amaral
Massachusetts Court of Appeals
January 6, 2011
Docket No: 09-P-1683

Assault and Battery, Self-Defense, Evidence, Prior Violent Conduct


The Fall River Division of the District Court convicted the defendant of assault and battery following a bench trial.  The defendant appealed, asserting that 1) the trial judge erred in restricting cross-examination regarding the victim's training and experience as a boxer and martial artist to establish that the victim was the first aggressor; and 2) the restitution order entered by the judge violates his Due Process rights because it was based on evidence that failed to comply with G.L. c. 233, sec 78G.  Both issues were affirmed.