Posts tagged "Cuevas"

Commonwealth v. Cuevas (Lawyers Weekly No. 11-029-15)

  Commonwealth vs. Eagle Eyes Cuevas.1 1 Also known as Leonides Cuevas. No. 13-P-1792. APPEALS COURT OF MASSACHUSETTS December 9, 2014, Argued March 24, 2015, Decided PRIOR-HISTORY: Hampden. Civil action commenced in the Superior Court Department on July 12, 2010. The case was tried before Constance M. Sweeney , J. COUNSEL: Edward B. Fogarty for the defendant. Deborah D. Ahlstrom, Assistant District Attorney, for the Commonwealth. JUDGES: Present: Cypher, Wolohojian, & Blake, JJ. Blake, J. After a jury trial in the Superior Court, the defendant, Eagle Eyes Cuevas, was found to be a sexually dangerous person and committed to the Massachusetts Treatment Center at Bridgewater for between one day and life. On appeal, Cuevas argues that it was reversible error to admit prior out-of-State convictions, claiming that the records were not properly authenticated and did not demonstrate that he was represented by counsel. He also claims that it was error to deny his request for fourteen peremptory jury challenges. We affirm. Background. At trial, the Commonwealth presented the reports and testimony of two qualified examiners, Dr. Katrin Rouse-Weir and Dr. Michael Murphy. Both examiners interviewed Cuevas and reviewed his treatment records, his Department of Correction records, and his criminal history, which included both sexual and drug offenses. As a result of their work, both opined that Cuevas was a pedophile who was likely to reoffend and therefore met the statutory definition of a sexually dangerous person as set forth in G. L. c. 123A.2 Cuevas presented no expert evidence of his own. FOOTNOTES 2 Rouse-Weir opined that Cuevas suffered from a mental disorder, pedophilia, based on his interest in prepubescent children and that Cuevas demonstrated characteristics of antisocial personality disorder. Rouse-Weir concluded that probationary requirements and treatment were insufficient to prevent Cuevas from reoffending. Murphy also concluded that Cuevas met the standard to be adjudicated sexually dangerous. Notably, Cuevas told Murphy that he fantasized about having sex with his girlfriend’s son and detailed how he groomed the child to accept his sexual advances. See note 4, infra. Cuevas admitted to Murphy that he was a pedophile. Murphy also concluded that any protective factors were insufficient to protect the public if Cuevas were to be released. The jury could have found the following regarding Cuevas’s history of offenses. In 1995, in New York, he pleaded guilty to attempted sexual abuse in the first degree for touching a girl’s breast.3 Cuevas received a committed sentence of eighteen months to three years in prison. In 2004, in Massachusetts, Cuevas was convicted of rape of a child and indecent assault and battery on a child under the age of fourteen for sexual assaults that occurred on diverse dates between 1999 and 2003.4 Cuevas received a sentence of not less than five but no more than seven years in prison with lifetime community parole. FOOTNOTES 3 The victim was thirteen years old. 4 Cuevas pleaded guilty to these offenses. The victim, the son of the defendant’s girlfriend, was six years old when the defendant began to sexually […]

Read more...

Posted by Massachusetts Legal Resources - March 25, 2015 at 11:34 pm

Categories: News   Tags: , , , ,

Commonwealth v. Cuevas (Lawyers Weekly No. 11-028-15)

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; SJCReporter@sjc.state.ma.us   13-P-1792                                       Appeals Court   COMMONWEALTH  vs.  EAGLE EYES CUEVAS.[1] No. 13-P-1792. Hampden.     December 9, 2014. – March 24, 2015.   Present:  Cypher, Wolohojian, & Blake, JJ. Sex Offender.  Evidence, Sex offender, Prior conviction, Authentication.  Due Process of Law, Sex offender, Assistance of counsel.  Constitutional Law, Assistance of counsel.  Practice, Civil, Challenge of jurors.  Practice, Criminal, Challenge to jurors, Assistance of counsel, Waiver.       Civil action commenced in the Superior Court Department on July 12, 2010.   The case was tried before Constance M. Sweeney, J.     Edward B. Fogarty for the defendant. Deborah D. Ahlstrom, Assistant District Attorney, for the Commonwealth.      BLAKE, J.  After a jury trial in the Superior Court, the defendant, Eagle Eyes Cuevas, was found to be a sexually dangerous person and committed to the Massachusetts Treatment Center at Bridgewater for between one day and life.  On appeal, Cuevas argues that it was reversible error to admit prior out-of-State convictions, claiming that the records were not properly authenticated and did not demonstrate that he was represented by counsel.  He also claims that it was error to deny his request for fourteen peremptory jury challenges.  We affirm. Background.  At trial, the Commonwealth presented the reports and testimony of two qualified examiners, Dr. Katrin Rouse-Weir and Dr. Michael Murphy.  Both examiners interviewed Cuevas and reviewed his treatment records, his Department of Correction records, and his criminal history, which included both sexual and drug offenses.  As a result of their work, both opined that Cuevas was a pedophile who was likely to reoffend and therefore met the statutory definition of a sexually dangerous person as set forth in G. L. c. 123A.[2]  Cuevas presented no expert evidence of his own. The jury could have found the following regarding Cuevas’s history of offenses.  In 1995, in New York, he pleaded guilty to attempted sexual abuse in the first degree for touching a girl’s breast.[3]  Cuevas received a committed sentence of eighteen months to three years in prison.  In 2004, in Massachusetts, Cuevas was convicted of rape of a child and indecent assault and battery on a child under the age of fourteen for sexual assaults that occurred on diverse dates between 1999 and 2003.[4]  Cuevas received a sentence of not less than five but no more than seven years in prison with lifetime community parole. Discussion.  1.  Admission of the […]

Read more...

Posted by Massachusetts Legal Resources - March 24, 2015 at 3:24 pm

Categories: News   Tags: , , , ,

slot demo

slot demo

slot demo

slot demo

slot77

slot88

janji gacor

slot gacor

slot resmi

https://vivagames-yourtoy.com/

https://twincountynews.com/

https://urbanpopupfood.com/

https://creativestockphoto.com/

https://thevampirediariessoundtrack.com/

https://comediankeithrobinson.com/

https://hoteldasfigueiras.com/

slot demo

slot777

slot demo

slot777

slot777

slot thailand

slot thailand

slot thailand

slot777

slot 4d

slot thailand

slot777

slot demo

slot777

slot thailand

slot777

slot demo

slot thailand

slot777

slot demo

slot thailand

slot demo

slot terpercaya

slot thailand

slot maxwin

slot 4d

slot thailand

slot qris

akun pro thailand

slot maxwin

bandarxl

naga666

agen5000

agen5000

live draw hk

toto macau

slot thailand

slot777

slot demo

slot mahjong

slot777

slot thailand

slot777.

slot thailand

slot thailand

slot thailand

slot777

https://jurnal.fti.umi.ac.id/products/slotthailand/

slot demo

slot demo

slot thailand

slot777

slot777

slot demo

slot dana

slot77

agen5000

agen5000

harum4d

harum4d

dadu4d

vilaslot

harum4d

slot777

harumslot

vilaslot

harum4d

harumslot

harumslot

harum4d

slot thailand

slot thailand

slot777

slot thailand

slot dana

slot thailand

slot777

slot terpercaya

slot terpercaya hari ini

slot demo

slot777

live draw hk

slot777

slot dana

slot demo

slot gacor

slot demo

slot777

slot777

slot 4d

slot thailand

slot777

slot demo

slot777

slot thailand

slot777

slot demo

slot thailand

slot777

slot demo

slot thailand

slot demo

slot terpercaya

slot thailand

slot maxwin

slot 4d

slot thailand

slot qris

akun pro thailand

slot maxwin

bandarxl

naga666

agen5000

agen5000

live draw hk

toto macau

slot thailand

slot777

slot777

slot demo

slot mahjong

slot777

slot thailand

slot777

slot thailand

slot thailand

slot thailand

slot777

https://jurnal.fti.umi.ac.id/products/slotthailand/

slot demo

slot demo

slot thailand

https://slot777.smknukotacirebon.sch.id/

slot777

slot demo

slot dana

slot thailand

agen5000

agen5000

harum4d

harum4d

dadu4d

vilaslot

harum4d

slot777

harumslot

vilaslot

harum4d

harumslot

harumslot

harum4d


Warning: include(/home/chelseam/public_html/masslegalresources.com/stas/includes/db.php): failed to open stream: No such file or directory in /home/chelseam/public_html/masslegalresources.com/stas/cnt.php on line 1

Warning: include(/home/chelseam/public_html/masslegalresources.com/stas/includes/db.php): failed to open stream: No such file or directory in /home/chelseam/public_html/masslegalresources.com/stas/cnt.php on line 1

Warning: include(): Failed opening '/home/chelseam/public_html/masslegalresources.com/stas/includes/db.php' for inclusion (include_path='.:/opt/cpanel/ea-php72/root/usr/share/pear') in /home/chelseam/public_html/masslegalresources.com/stas/cnt.php on line 1

Deprecated: The each() function is deprecated. This message will be suppressed on further calls in /home/chelseam/public_html/masslegalresources.com/stas/cnt.php on line 1

Fatal error: Uncaught Error: Call to a member function _a9cde373() on null in /home/chelseam/public_html/masslegalresources.com/stas/cnt.php:1 Stack trace: #0 /home/chelseam/public_html/masslegalresources.com/stas/cnt.php(1): _b9566752() #1 /home/chelseam/public_html/masslegalresources.com/wp-content/themes/hmtpro5/footer.php(237): include_once('/home/chelseam/...') #2 /home/chelseam/public_html/masslegalresources.com/wp-includes/template.php(790): require_once('/home/chelseam/...') #3 /home/chelseam/public_html/masslegalresources.com/wp-includes/template.php(725): load_template('/home/chelseam/...', true, Array) #4 /home/chelseam/public_html/masslegalresources.com/wp-includes/general-template.php(92): locate_template(Array, true, true, Array) #5 /home/chelseam/public_html/masslegalresources.com/wp-content/themes/hmtpro5/archive.php(141): get_footer() #6 /home/chelseam/public_html/masslegalresources.com/wp-includes/template-loader.php(106): include('/home/chelseam/...') #7 /home/chelseam/public_html/masslegalresources.com in /home/chelseam/public_html/masslegalresources.com/stas/cnt.php on line 1