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Legal Opinion

Commonwealth v. Ortiz

Massachusetts Appeals Court

Decided July 13, 2004No. 03-P-977PublishedCited by 3 opinions

1Opinion of the CourtCypher, J.

The defendant, Carlos Ortiz, appeals from his conviction for armed robbery. The defendant advanced an alibi defense. He claims, and we agree, that the judge erred by giving a “missing witness” instruction regarding a potential alibi witness.1

1. Background. A jury could have found the following facts. *469At around 10:00 p.m., on April 30, 2001, Oscar Reynoso was working a shift as a pump attendant at a service station in Lynn. His wife was keeping him company in the gasoline station office.

A light-colored Toyota Corolla station wagon with an off-color hood entered the station and pulled into the…

2Cases cited16 opinions

  1. Commonwealth v. BrownMassachusetts Appeals Court · 1981
  2. Commonwealth v. SpencerMassachusetts Supreme Judicial Court · 1912
  3. Commonwealth v. FigueroaMassachusetts Supreme Judicial Court · 1992
  4. Commonwealth v. SCHATVENMassachusetts Appeals Court · 1986
  5. Commonwealth v. ThomasMassachusetts Supreme Judicial Court · 1999

11 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Commonwealth v. DwyerMassachusetts Supreme Judicial Court · 2006
  2. Commonwealth v. BroomheadMassachusetts Appeals Court · 2006
  3. Commonwealth v. HaywoodMassachusetts Appeals Court · 2017

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