Commonwealth v. LaFaille

I agree with the majority that the record does not support the conclusion that the judge committed *56an abuse of discretion by refusing to conduct individual voir dire of the potential jurors. Therefore, I concur in the conclusion the court reaches today.

In reviewing a judge’s ruling for abuse of discretion, an appellate court is only to consider that which was before the judge when the ruling was made. As the majority notes, we cannot expect judges to be “clairvoyant” and predict what extraneous issues may arise as the trial unfolds.1 The Appeals Court considered trial testimony in reaching…