Legal Opinion

Commonwealth v. Amirault

Massachusetts Supreme Judicial Court

Decided April 13, 1987PublishedCited by 29 opinions

1Opinion of the CourtNolan, J.

Gerald Amirault appeals from the denial of his motion for a new trial on numerous indictments charging rape and sexual abuse of children. He argues that his right to a fair trial was violated by the misconduct of a juror and that he is entitled to a new trial. The claimed misconduct concerns the failure of a juror to answer correctly a question posed during the jury empanelment process. This information did not surface until after the jury had returned their verdicts. The trial judge conducted a hearing to determine whether Amirault had been harmed by the nondisclosure. The judge concluded…

2Cases cited25 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Smith v. PhillipsSupreme Court of the United States · 1982
  3. McDonough Power Equipment, Inc. v. GreenwoodSupreme Court of the United States · 1984
  4. Brown v. United StatesSupreme Court of the United States · 1973
  5. Commonwealth v. TavaresMassachusetts Supreme Judicial Court · 1982

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3Cited by29 opinions

  1. Commonwealth v. AmiraultMassachusetts Supreme Judicial Court · 1997
  2. Commonwealth v. LeFaveMassachusetts Supreme Judicial Court · 1999
  3. Commonwealth v. AmiraultMassachusetts Supreme Judicial Court · 1989
  4. Commonwealth v. McCowenMassachusetts Supreme Judicial Court · 2010
  5. Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1995

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