Legal Opinion
Commonwealth v. McGee
Massachusetts Appeals Court
Decided October 20, 2009No. 08-P-938PublishedCited by 7 opinions
1Opinion of the CourtCohen, J.
The defendant, Shirley McGee, was convicted of rape as a lesser included offense of aggravated rape, pursuant to G. L. c. 265, § 22.1 His principal arguments on appeal concern *500alleged violations of the “first complaint” rule. See Commonwealth v. King, 445 Mass. 217, 241-248 (2005), cert. denied, 546 U.S. 1216 (2006). Because we conclude that it was prejudicial error for the judge to allow the Commonwealth to substitute a police officer as the Commonwealth’s designated first complaint witness, when he was not the person to whom the complainant first reported that she was raped, we reverse.
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2Cases cited9 opinions
- Commonwealth v. FlebotteMassachusetts Supreme Judicial Court · 1994
- Commonwealth v. KingMassachusetts Supreme Judicial Court · 2005
- Commonwealth v. AranaMassachusetts Supreme Judicial Court · 2009
- Commonwealth v. BargeronMassachusetts Supreme Judicial Court · 1988
- Commonwealth v. SnellMassachusetts Supreme Judicial Court · 1999
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Commonwealth v. HoytMassachusetts Supreme Judicial Court · 2011
- Commonwealth v. DargonMassachusetts Supreme Judicial Court · 2010
- Commonwealth v. KastnerMassachusetts Appeals Court · 2010
- Commonwealth v. DargonMassachusetts Supreme Judicial Court · 2010
- Commonwealth v. McCoyMassachusetts Supreme Judicial Court · 2010
2 more not listed; retrieve them via the Exa API.