Legal Opinion

Commonwealth v. Starkweather

Massachusetts Appeals Court

Decided July 18, 2011No. 09-P-1403PublishedCited by 8 opinions

1Opinion of the CourtBerry, J.

A jury convicted the defendant of rape and assault and battery. On appeal, the defendant assigns as error (1) the denial of his motion to suppress items seized in a search of the defendant’s Jeep automobile and truck; (2) the admission of certain testimony that, it is contended, violated the first complaint doctrine; and (3) aspects of the judge’s instructions, including instructions on first complaint and the elements of the offense of rape. We affirm.

1. Background. We summarize the trial evidence, reserving further details that relate exclusively to the suppression motion. In the summer of…

2Cases cited27 opinions

  1. Chimel v. CaliforniaSupreme Court of the United States · 1969
  2. United States v. RossSupreme Court of the United States · 1982
  3. Weeks v. United StatesSupreme Court of the United States · 1914
  4. Nix v. WilliamsSupreme Court of the United States · 1984
  5. Arizona v. GantSupreme Court of the United States · 2009

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3Cited by8 opinions

  1. Commonwealth v. FontaineMassachusetts Appeals Court · 2014
  2. State of New Hampshire v. Dennis SullowaySupreme Court of New Hampshire · 2014
  3. Commonwealth v. FlintMassachusetts Appeals Court · 2012
  4. Commonwealth v. RosadoMassachusetts Appeals Court · 2013
  5. Commonwealth v. CintronMassachusetts Appeals Court · 2024

3 more not listed; retrieve them via the Exa API.

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