Legal Opinion
Commonwealth v. Belmer
Massachusetts Appeals Court
Decided October 14, 2010No. 09-P-1778PublishedCited by 4 opinions
1Opinion of the CourtMeade, J.
After a jury-waived trial, the defendant was convicted of assault and battery in violation of G. L. c. 265, § 13A. On appeal, the defendant claims that the trial judge improperly extended the rule of Commonwealth v. Daye, 393 Mass. 55 (1984), to permit an affidavit in support of a G. L. c. 209A abuse prevention order to be used as substantive evidence at trial. As a result, the defendant claims that the evidence supporting his conviction was insufficient as it was based on inadmissible hearsay. We affirm.
1. Background. On the evening of May 18, 2009, emergency medical technician (EMT) Michael…
2Cases cited23 opinions
- Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979
- Kentucky v. StincerSupreme Court of the United States · 1987
- Lockhart v. NelsonSupreme Court of the United States · 1988
- United States v. OwensSupreme Court of the United States · 1988
- McDaniel v. BrownSupreme Court of the United States · 2010
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3Cited by4 opinions
- Commonwealth v. EricsonMassachusetts Appeals Court · 2014
- COMMONWEALTH v. MAURICE JOHNSON.Massachusetts Appeals Court · 2023
- Commonwealth v. HansonMassachusetts Appeals Court · 2011
- Commonwealth v. FitzpatrickMassachusetts Appeals Court · 2017