Commonwealth v. Shea

23 Citing cases

  1. Blazo v. Superior Court

    366 Mass. 141 (Mass. 1974)   Cited 16 times

    But by G.L.c. 221, § 91B, inserted by St. 1965, c. 585, a defendant having the wherewithal may provide at his own expense for attendance of a stenographer and later for a transcription. Commonwealth v. Shea, 356 Mass. 358 (1969). Under the reasoning of the Transcript Cases, the defendants here are entitled to some comparable facilities at public expense so far as needed for adequate review of right of final judgments of conviction, and the fact that these are prosecutions for misdemeanors rather than offences of higher grade should not deprive them.

  2. Commonwealth v. Vaidulas

    433 Mass. 247 (Mass. 2001)   Cited 11 times
    Finding no prejudice to defendant merely because Commonwealth's notice of appeal may have been miscaptioned

    While the officer's lack of training to perform a field sobriety test may not render his testimony inadmissible, it clearly bears on the weight of his testimony. See Commonwealth v. Shea, 356 Mass. 358, 361 (1969) (denying motion to strike officer's testimony after evidence of his lack of knowledge and skill in administering breathalyzer tests was demonstrated on cross-examination) Where an individual is harmed by inappropriate, inadequate or negligent training of police officers, the appropriate remedy lies in a direct suit against either the supervising authority or the municipality under the Massachusetts Tort Claims Act, see e.g., Dobos v. Driscoll, 404 Mass. 634, cert. denied sub nom.

  3. Commonwealth v. Phoenix

    409 Mass. 408 (Mass. 1991)   Cited 50 times
    In Commonwealth v. Phoenix, 409 Mass. 408, 415 n. 3 (1991), in dictum, we stated that "the defendant may have been entitled to an instruction that the jury may draw an adverse inference from the loss of [the evidence]."

    "On this evidence there was 'sufficient basis for finding, as a preliminary question of fact, that this witness was qualified to testify as an expert' and that the procedures employed were performed properly and reliably. Commonwealth v. Shea, 356 Mass. 358, 361 (1969). Therefore, the defendant's various attacks alleging infirmities in the performance of the testing or the skill or knowledge of the witness go only to the weight of the evidence, not to its admissibility.

  4. Commonwealth v. Durning

    406 Mass. 485 (Mass. 1990)   Cited 56 times
    Rejecting art. 12 claim where defense's “definite intention” to call witness revealed to Commonwealth on last day of trial, and witness had been disclosed only one day before he would have testified

    Id. at 19. Commonwealth v. Shea, 356 Mass. 358, 361 (1969). However, if the judge makes a preliminary finding of fact that the scientific evidence is sufficiently reliable to be admitted, evidence attacking its reliability can be considered by the jury in determining the weight to be accorded the scientific evidence.

  5. Commonwealth v. Gomes

    403 Mass. 258 (Mass. 1988)   Cited 31 times
    Holding that defendant failed to show that lack of photographs of test plates used to analyze blood stains prejudiced his case

    On this evidence there was "sufficient basis for finding, as a preliminary question of fact, that this witness was qualified to testify as an expert" and that the procedures employed were performed properly and reliably. Commonwealth v. Shea, 356 Mass. 358, 361 (1969). Therefore, the defendant's various attacks alleging infirmities in the performance of the testing or the skill or knowledge of the witness go only to the weight of the evidence, not to its admissibility.

  6. Commonwealth v. Babb

    389 Mass. 275 (Mass. 1983)   Cited 46 times
    In Babb, the Massachusetts appellate court reversed the dismissal and remanded the charges for adjudication by the trial court.

    Commonwealth v. Gorman, 356 Mass. 355, 357-358 (1969). Commonwealth v. Shea, 356 Mass. 358, 359-360 (1969). See Commonwealth v. Pappas, 384 Mass. 428, 430 n. 2 (1981).

  7. Commonwealth v. Pappas

    384 Mass. 428 (Mass. 1981)   Cited 35 times
    In Pappas, 384 Mass. at 431-432, for example, where the defendant's vehicle "crossed the center line of a public street and struck a pedestrian," causing fatal injuries, we acknowledged that it was "unlikely in such circumstances that police officers responding at the scene would regard this as a minor accident in which their discretion concerning whether to issue a citation would be absolute and unchecked."

    Such an arrest would appear to eliminate the need for prompt issuance of a citation for driving while under the influence of alcohol. See G.L.c. 90, § 21; Commonwealth v. Shea, 356 Mass. 358, 360 (1969). We need not reach the issue, however, since we decide that the defense offered by G.L.c. 90C, § 2, is not available to the defendant in the circumstances presented in this case.

  8. Katz v. Commonwealth

    379 Mass. 305 (Mass. 1979)   Cited 29 times
    In Katz v. Commonwealth, 379 Mass. 305 (1979), we concluded that a judge properly could consider the continuing false statements asserted by a landlord in deciding the sanction to impose for criminal contempt.

    The landlord did not exercise his right to employ a private stenographer. See G.L.c. 221, § 91B; Commonwealth v. Shea, 356 Mass. 358, 360-361 (1961); cf. Blazo v. Superior Court, 366 Mass. 141, 146-154 (1974) (right of indigent defendant). We have reviewed the tape, and conclude that it brings before us an account of the events sufficient to allow us to evaluate the landlord's contentions.

  9. Commonwealth v. Harris

    376 Mass. 74 (Mass. 1978)   Cited 77 times
    In Harris, 376 Mass. at 74, 379 N.E.2d 1073, "the stenographic notes of the trial... had been stolen from the court reporter's car," and yet, we did not find that the Commonwealth was at fault for the missing transcripts.

    Moreover, the refusal to grant a new trial automatically when the transcript is unavailable is consonant with the approach adopted in our own decisions involving transcripts. Our cases have stressed the importance of a transcript in preparing for and reviewing an appeal, see Blazo v. Superior Court, 366 Mass. 141, 149 (1974); Commonwealth v. Shea, 356 Mass. 358, 361 (1969), and we hold today, see Charpentier v. Commonwealth, post 80 (1978), that in a case subject to G.L.c. 278, §§ 33A-33H, an indigent is entitled to a complete, rather than a partial, transcript when that transcript is available. However, we have not automatically granted a new trial simply because the transcript was not available.

  10. Charpentier v. Commonwealth

    376 Mass. 80 (Mass. 1978)   Cited 6 times

    In misdemeanor cases, not felony-connected, stenographers are not routinely provided, although a nonindigent defendant could arrange for one and later for a transcript under G.L.c. 221, § 91B. See Commonwealth v. Shea, 356 Mass. 358, 360 (1969). Relying on the principles of Griffin v. Illinois, 351 U.S. 12 (1956), and the long line of transcript cases which followed, this court in Blazo v. Superior Court, 366 Mass. 141, 151 (1974), held that at a misdemeanor trial, an indigent defendant has the right on request to have a stenographer record the proceedings.