Legal Opinion

Commonwealth v. Gouveia

Massachusetts Supreme Judicial Court

Decided December 21, 1976PublishedCited by 67 opinions

1Opinion of the CourtBraucher, J.

The defendant appeals from convictions of rape and an unnatural act, and argues two assignments of error: (1) exclusion of evidence of prior sexual intercourse by the victim, and (2) denial of his motion for a mistrial after the prosecutor in his closing argument asserted that there was no evidence to refute the victim’s testimony as to what happened when she and the defendant were alone together. We hold that there was no error in excluding evidence of prior sexual acts between the victim and a person other than the defendant. We also hold that in all the circumstances of this case, the…

2Cases cited14 opinions

  1. Donnelly v. DeChristoforoSupreme Court of the United States · 1974
  2. Commonwealth v. DomanskiMassachusetts Supreme Judicial Court · 1954
  3. United States v. John FlanneryCourt of Appeals for the First Circuit · 1971
  4. Commonwealth v. De ChristoforoMassachusetts Supreme Judicial Court · 1971
  5. Commonwealth v. GrazianoMassachusetts Supreme Judicial Court · 1975

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

3Cited by67 opinions

  1. Commonwealth v. HaasMassachusetts Supreme Judicial Court · 1977
  2. Commonwealth v. StoreyMassachusetts Supreme Judicial Court · 1979
  3. Commonwealth v. JoyceMassachusetts Supreme Judicial Court · 1981
  4. Commonwealth v. RobertsMassachusetts Supreme Judicial Court · 1979
  5. Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1983

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

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