Commonwealth v. Durham

(dissenting, with whom Marshall, C.J., and Ireland, J., join). The court today interprets a rule of long standing in a manner not contemplated at the time of its promulgation, inconsistent with the current practice of criminal law in the Commonwealth and most of the country, and with profound implications for the fairness and reliability of our system of criminal justice.1 It does so not only without recognizing the “sea change” it has wrought, but in the face of a straightforward *232reading of the applicable rule to the contrary. Because the court’s interpretation will serve to undermine rather…