Legal Opinion
Commonwealth v. McWhinney
Massachusetts Appeals Court
Decided July 23, 1985PublishedCited by 8 opinions
1Opinion of the CourtWarner, J.
The defendant was convicted by a Superior Court jury of murder in the second degree and sentenced to life imprisonment. While her appeal from the conviction was pending, her appellate counsel (who was not trial counsel) learned that the voice recordings of a substantial portion of the trial had been stolen from the court reporter’s car. Thereupon the defendant filed a motion for a new trial, arguing that she could not properly present her appellate claims without a complete transcript of the trial proceedings. The prosecutor responded with a proposed reconstruction of the missing portions of…
2Cases cited7 opinions
- Mayer v. City of ChicagoSupreme Court of the United States · 1971
- Commonwealth v. EllisonMassachusetts Supreme Judicial Court · 1978
- Commonwealth v. HarrisMassachusetts Supreme Judicial Court · 1978
- Blaikie v. District Attorney for the Suffolk DistrictMassachusetts Supreme Judicial Court · 1978
- Commonwealth v. ChatmanMassachusetts Appeals Court · 1980
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Commonwealth v. PingaroMassachusetts Appeals Court · 1997
- Commonwealth v. SheaMassachusetts Appeals Court · 1999
- Commonwealth v. DuestMassachusetts Appeals Court · 1988
- Commonwealth v. HuntMassachusetts Appeals Court · 1986
- Commonwealth v. FlintMassachusetts Appeals Court · 2012
3 more not listed; retrieve them via the Exa API.