Ewing v. Commonwealth

Ewing was convicted of rape by a jury in the Superior Court. The Appeals Court reversed the conviction and ordered a new trial. Commonwealth v. Ewing, 67 Mass. App. Ct. 531 (2006). On further appellate review, we agreed with the Appeals Court. Commonwealth v. Ewing, 449 Mass. 1035 (2007). Ewing’s new trial is now scheduled to proceed before the same judge who presided over the first trial (because the judge is presently sitting in the session in which Ewing’s trial is to proceed). Ewing filed a motion to recuse the judge. The judge denied the motion and Ewing thereafter filed his G. L. c.…