Legal Opinion

Commonwealth v. Wilcox

Massachusetts Appeals Court

Decided August 12, 2008No. 07-P-738PublishedCited by 10 opinions

1Opinion of the CourtMills, J.

A jury found the defendant guilty of aggravated rape, G. L. c. 265, § 22(a); kidnapping, G. L. c. 265, § 26; and aggravated assault and battery by means of a dangerous weapon, G. L. c. 265, § lSA(c).1 On appeal, he claims that (1) the charge of kidnapping merged with the other charges and cannot be treated as a separate offense; (2) the prosecutor erroneously shifted the burden of proof to the defendant; (3) a statement by the victim was improperly admitted as an excited utterance; and (4) defense counsel was ineffective in his examination of the defendant on direct examination.

We summarize…

2Cases cited22 opinions

  1. Commonwealth v. SaferianMassachusetts Supreme Judicial Court · 1974
  2. Morey v. CommonwealthMassachusetts Supreme Judicial Court · 1871
  3. Commonwealth v. FlebotteMassachusetts Supreme Judicial Court · 1994
  4. Commonwealth v. AlphasMassachusetts Supreme Judicial Court · 1999
  5. Commonwealth v. JonesMassachusetts Supreme Judicial Court · 1981

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3Cited by10 opinions

  1. Commonwealth v. McCoyMassachusetts Supreme Judicial Court · 2010
  2. Commonwealth v. RodriguezMassachusetts Appeals Court · 2013
  3. Doe v. Sex Offender Registry BoardMassachusetts Appeals Court · 2014
  4. COMMONWEALTH v. CHARLES DUNCAN.Massachusetts Appeals Court · 2022
  5. Commonwealth v. Francisco Nunez Severino.Massachusetts Appeals Court · 2025

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

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