Commonwealth v. McCormick

Convicted in 1998 by a District Court jury of committing one act of indecent assault and battery on a child under fourteen (G. L. c. 265, § 13B) in 1992,1 the defendant *107contends that he was deprived of the effective assistance of counsel at his trial. The sole basis of his appeal is that his trial attorney failed to request any limiting instructions with respect to supposed fresh complaint evidence by the complainant and three other witnesses either contemporaneously with each witness’s testimony or in the final charge. He asserts that in the absence of such instructions the jury might well…