Posts tagged "1002218"

Commonwealth v. Gomes (Lawyers Weekly No. 10-022-18)

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February 5, 2018.

Practice, Criminal, Assistance of counsel, Request for jury instructions.  Identification.  Evidence, Identification.

In 2015, we affirmed Jeremy D. Gomes’s convictions of mayhem and breaking and entering a vehicle in the nighttime with intent to commit a felony.  Commonwealth v. Gomes, 470 Mass. 352, 378 (2015).  At trial, “[t]he defendant requested that the judge provide a jury instruction regarding eyewitness identification that essentially mirrored a model instruction that had become effective in New Jersey approximately one week before the defendant’s trial commenced.”  Id. at 357 & n.10, citing State v. Henderson, 208 N.J. 208, 219, 228-229 (2011).  The judge instead gave the model jury instruction regarding eyewitness identification that we adopted in Commonwealth v. Rodriguez, 378 Mass. 296, 310-311 (1979) (Appendix).  Gomes, supra at 353.  We concluded that the judge did not abuse his discretion in doing so where the defendant failed to furnish “any expert testimony, scholarly articles, or treatises that would reasonably have enabled the judge to determine whether the principles in the defendant’s proposed instruction were ‘so generally accepted’ that it would be appropriate to instruct the jury regarding them . . . and where there was an instruction approved by this court that was not erroneous but, at worst, inadequate and incomplete.”  Id. at 359-360. read more


Posted by Massachusetts Legal Resources - February 5, 2018 at 4:13 pm

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