Legal Opinion
Commonwealth v. Cong Duc Le
Massachusetts Supreme Judicial Court
Decided June 2, 2005PublishedCited by 42 opinions
1Opinion of the CourtSosman, J.
The defendants, Cong Due Le and Tung Ouoc Huynh, were convicted of assault and battery in the beating of Khanh Luong.2 On appeal, they contend that the trial judge erroneously allowed a detective’s testimony concerning a pretrial identification to be used as substantive evidence (and not merely as impeachment) when the identifying witness denied having made such an identification. See Commonwealth v. Daye, 393 Mass. 55, 60-63 (1984) (Daye). They also contend that the victim, Luong, should not have been allowed to make an in-court identification, as he had allegedly been exposed to suggestive…
2Cases cited22 opinions
- Kentucky v. StincerSupreme Court of the United States · 1987
- United States v. OwensSupreme Court of the United States · 1988
- Commonwealth v. FitzgeraldMassachusetts Supreme Judicial Court · 1978
- Commonwealth v. BotelhoMassachusetts Supreme Judicial Court · 1976
- Commonwealth v. DayeMassachusetts Supreme Judicial Court · 1984
17 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Commonwealth v. CraytonMassachusetts Supreme Judicial Court · 2014
- Commonwealth v. WalkerMassachusetts Supreme Judicial Court · 2011
- Commonwealth v. KellyMassachusetts Supreme Judicial Court · 2015
- Commonwealth v. McCoyMassachusetts Supreme Judicial Court · 2010
- Commonwealth v. MontezMassachusetts Supreme Judicial Court · 2008
37 more not listed; retrieve them via the Exa API.