Legal Opinion

Commonwealth v. Upton U.

Massachusetts Appeals Court

Decided September 10, 2003No. 01-P-1148PublishedCited by 3 opinions

1Opinion of the CourtPerketta, J.

On appeal from his adjudications of delinquency on two counts of indecent assault and battery on a child under the age of fourteen years, the juvenile claims errors in the trial judge’s refusal to sanction the Commonwealth for what the juvenile alleges was a failure to preserve potentially exculpatory evidence, and in the allowance of fresh complaint and rebuttal testimony in evidence. We affirm the adjudications.

1. The facts. There was evidence as to the following facts. At the time of the alleged abuse in question, the juvenile was fourteen years old and the babysitter for three siblings,…

2Cases cited23 opinions

  1. Blaisdell v. CommonwealthMassachusetts Supreme Judicial Court · 1977
  2. Commonwealth v. NealMassachusetts Supreme Judicial Court · 1984
  3. Commonwealth v. GabbidonMassachusetts Supreme Judicial Court · 1986
  4. Commonwealth v. DiazMassachusetts Supreme Judicial Court · 1996
  5. Commonwealth v. ScanlonMassachusetts Supreme Judicial Court · 1992

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

3Cited by3 opinions

  1. Commonwealth v. HowardMassachusetts Supreme Judicial Court · 2006
  2. Commonwealth v. Niels N.Massachusetts Appeals Court · 2009
  3. Piccone v. McClainCourt of Appeals for the First Circuit · 2014

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