Commonwealth v. Dupree

We hold that under Mass.R.Crim.P. 24(a)(1), 378 Mass. 895 (1979), 1 the choice whether to open after the Commonwealth’s opening statement or after the Commonwealth has rested belongs to the defendant alone (assuming he has established, under principles reviewed below, the right to make an opening) and that it is errór to restrict the timing of the defendant’s opening statement until after the prosecution has presented its evidence.

The defendant, Robert Dupree, was convicted of possession with intent to distribute cocaine. 2 Two officers at trial testified that they had witnessed the defendant…