Legal Opinion
Commonwealth v. Heath
Massachusetts Appeals Court
Decided April 26, 2016No. AC 15-P-227PublishedCited by 4 opinions
1Opinion of the CourtKafker, C.J.
The defendant, Carroll N. Heath, was convicted of assault and battery on a police officer pursuant to G. L. c. 265, § 13D, and also of disturbing the peace. 2 He appeals the judge’s denial of his motion for a new trial on the assault and battery charge, claiming that he was denied due process of law by the Commonwealth’s failure to preserve a video recording (video) of incidents in the booking room of the Haverhill police station that led to the assault and battery charge. 3 We reverse.
1. Background, a. The events of May 29. On May 29, 2013, the defendant was arrested for disturbing the…
2Cases cited29 opinions
- Commonwealth v. MontanezMassachusetts Supreme Judicial Court · 1991
- Commonwealth v. TucceriMassachusetts Supreme Judicial Court · 1992
- Commonwealth v. WilsonMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. ZinserMassachusetts Supreme Judicial Court · 2006
- Commonwealth v. CohenMassachusetts Supreme Judicial Court · 2010
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3Cited by4 opinions
- COMMONWEALTH v. JOAQUIN DIAZ.Massachusetts Appeals Court · 2022
- Commonwealth v. CraigMassachusetts Appeals Court · 2018
- Commonwealth v. HurleyMassachusetts Appeals Court · 2018
- Commonwealth v. O'NealMassachusetts Appeals Court · 2018