Posts tagged "Epps"

Commonwealth v. Epps (Lawyers Weekly No. 10-099-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030;   SJC-11921   COMMONWEALTH  vs.  DERICK EPPS.       Essex.     December 7, 2015. – July 14, 2016.   Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, & Hines, JJ.     Assault and Battery.  Child Abuse.  Constitutional Law, Assistance of counsel.  Due Process of Law, Assistance of counsel.  Evidence, Expert opinion.  Practice, Criminal, New trial, Assistance of counsel.       Indictment found and returned in the Superior Court Department on November 17, 2004.   The case was tried before David A. Lowy, J., and a motion for a new trial, filed on October 17, 2011, was heard by him.   After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.     David Hirsch for the defendant. David F. O’Sullivan, Assistant District Attorney, for the Commonwealth. The following submitted briefs for amici curiae: Seth Miller, of Florida, Katherine H. Judson, of Wisconsin, Adam W. Deitch & Lindsay A. Olson, of New York, & Mark W. Batten for The Innocence Network. Heather Kirkwood, of Washington, & David E. Meier for David Ayoub & others. Matthew R. Segal, Dennis Shedd, & Chauncey B. Wood for Committee for Public Counsel Services & others.     GANTS, C.J.  The defendant was convicted by a Superior Court jury of assault and battery on a child causing substantial bodily injury, in violation of G. L. c. 265, § 13J (b).  The prosecution contended that the defendant violently shook the two year old child in his care based on medical testimony that the child was diagnosed with traumatic brain injury, and scans of her brain that showed retinal hemorrhages, subdural hematoma, and brain swelling, the three symptoms known as “the triad” associated with shaken baby syndrome.  The defendant, when interviewed by the police, denied having injured the child and reported that, hours before the child’s grievous injuries became manifest, she had fallen down the wooden stairs in her home and had later fallen off a kitchen stool, leaving a bump on her forehead.  The Commonwealth’s medical expert offered the opinion that injuries of the type and severity suffered by the child could not have been caused by the short falls described by the defendant.  The defendant called no expert to offer an opinion to the contrary. In Commonwealth v. Millien, 474 Mass. 417, 418 (2016), we noted that “[t]here is a […]


Posted by Massachusetts Legal Resources - July 17, 2016 at 4:55 pm

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