Legal Opinion

Commonwealth v. MacLean

Massachusetts Appeals Court

Decided January 28, 2019No. 18-P-47Published

1Opinion of the Court

The defendant was convicted after a jury trial of indecent assault and battery.2 On appeal he raises two challenges to the trial judge's instructions regarding the use of prior inconsistent statements.

First, the defendant argues that the judge erred by giving a limiting instruction that the jury could consider the victim's prior inconsistent statements only for the purpose of assessing her credibility. According to the defendant, because the Commonwealth did not object to the admission of the prior inconsistent statements or request a limiting instruction, the statements were admissible for…

2Cases cited6 opinions

  1. Commonwealth v. KeevanMassachusetts Supreme Judicial Court · 1987
  2. Commonwealth v. DonlanMassachusetts Supreme Judicial Court · 2002
  3. Commonwealth v. CostelloMassachusetts Supreme Judicial Court · 1991
  4. Commonwealth v. BruceMassachusetts Appeals Court · 2004
  5. Commonwealth v. AlmeidaMassachusetts Supreme Judicial Court · 2018

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