Legal Opinion

Commonwealth v. Perez

Massachusetts Appeals Court

Decided December 7, 2005No. 04-P-1033PublishedCited by 1 opinion

1Opinion of the CourtMills, J.

In this case we evaluate whether the trial judge erred in concluding that the Commonwealth had made a good faith effort to secure a witness’s attendance at trial. “The lengths to which the prosecution must go to produce a witness . . . is a question of reasonableness.” Commonwealth v. Childs, 413 Mass. 252, 260-261 (1992), quoting from Ohio v. Roberts, 448 U.S. 56, 74 (1980). The judge here determined that the witness was unavailable and that his testimony from a prior trial was, therefore, admissible. See Commonwealth v. Roberio, 440 Mass. 245, 247-248, 250 (2003); Commonwealth v. Sena, 441…

2Cases cited8 opinions

  1. Ohio v. RobertsSupreme Court of the United States · 1980
  2. Commonwealth v. SenaMassachusetts Supreme Judicial Court · 2004
  3. Commonwealth v. SiegfriedtMassachusetts Supreme Judicial Court · 1988
  4. Commonwealth v. RoberioMassachusetts Supreme Judicial Court · 2003
  5. Commonwealth v. ChildsMassachusetts Supreme Judicial Court · 1992

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3Cited by1 opinion

  1. Commonwealth v. RobinsonMassachusetts Appeals Court · 2007

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