Commonwealth v. Lewis

12 Citing cases

  1. Commonwealth v. Gauthier

    21 Mass. App. Ct. 585 (Mass. App. Ct. 1986)   Cited 12 times
    Considering whether prompt dismissal of criminal charge relevant to question of bias

    Commonwealth v. Connor, 392 Mass. 838, 841 (1984). Commonwealth v. Lewis, 12 Mass. App. Ct. 562, 572 (1981). Commonwealth v. Dean, 17 Mass. App. Ct. 943 (1983).

  2. Commonwealth v. Evans

    439 Mass. 184 (Mass. 2003)   Cited 57 times
    Stating that "Neal had no recollection of what he had told the grand jury and there was no evidence that he adopted the minutes of his grand jury testimony when his memory of events was fresh."

    Much must be left to the discretion of the trial judge in this area." Commonwealth v. Lewis, 12 Mass. App. Ct. 562, 573 n. 20 (1981). The defendants were able to explore adequately the question and extent of Clarke's bias and motive to cooperate with the prosecution arising from the pending "serious felony" charges without referring to the specific charge.

  3. Commonwealth v. McLeod

    394 Mass. 727 (Mass. 1985)   Cited 93 times
    Observing that fifteen to thirty minutes is "significantly longer cooling off period than is usually the situation in manslaughter cases

    Commonwealth v. Woodward, supra at 518-519. See Commonwealth v. Lewis, 12 Mass. App. Ct. 562, 564 (1981). In addition, however, the grand jury perform the important task of determining whether there is probable cause to indict an accused.

  4. Commonwealth v. Henson

    394 Mass. 584 (Mass. 1985)   Cited 162 times
    Holding that the possibility that the prosecution witness is hoping for favorable treatment on a pending criminal charge is sufficient to require a bias inquiry

    1. The judge erred in totally foreclosing the defendant's attempt to cross-examine certain witnesses concerning pending criminal charges in order to show their bias. See Commonwealth v. Connor, 392 Mass. 838, 841 (1984); Commonwealth v. Martinez, 384 Mass. 377, 380 (1981); Commonwealth v. Joyce, 382 Mass. 222, 231 (1981); Commonwealth v. Hogan, 379 Mass. 190, 191-192 (1979); Commonwealth v. Haywood, 377 Mass. 755, 760-761 (1979); Commonwealth v. Lewis, 12 Mass. App. Ct. 562, 572-573 (1981). Cf. Commonwealth v. Ahearn, 370 Mass. 283, 287 (1976) (pending civilian complaints by defendant against police witnesses); Davis v. Alaska, 415 U.S. 308, 315-316 (1974) (confrontation clause of the Sixth Amendment).

  5. Commonwealth v. Doherty

    394 Mass. 341 (Mass. 1985)   Cited 33 times
    Concluding that witness did not necessarily receive inducement merely because complaint against witness was not prosecuted

    The trial judge did not preclude all inquiry into the indictments. Contrast Commonwealth v. Martinez, 384 Mass. 377, 379-381 (1981), and Commonwealth v. Lewis, 12 Mass. App. Ct. 562, 571-573 n. 20 (1981). It was within the judge's discretion to limit the questioning to promises, inducements or hopes of reward and to exclude questions concerning the facts of the pending charges. See Commonwealth v. Jackson, 388 Mass. 98, 112-113 (1983).

  6. Commonwealth v. Porter

    384 Mass. 647 (Mass. 1981)   Cited 45 times
    Holding that a conviction may not be based solely on evidence of consciousness of guilt

    This was not a case where the pendency of indictments against the testifying witness was sought to be shown to raise the issue of the bias of that witness. Cf. Commonwealth v. Joyce, 382 Mass. 222, 228-232 (1981); Commonwealth v. Lewis, 12 Mass. App. Ct. 562, 569-573 (1981). The facts underlying this contention are set forth in note 6, supra.

  7. Commonwealth v. Drayton

    14-P-1910 (Mass. App. Ct. Apr. 7, 2016)

    Similarly, there is no merit to the defendant's claim that his rights pursuant to G. L. c. 277, §§ 72 and 72A, as in effect prior to their repeal by St. 1979, c. 344, § 42, were violated. Section 72 required that an incarcerated defendant be tried within six months from the time he was imprisoned. Commonwealth v. Lewis, 12 Mass. App. Ct. 562, 566 (1981). Its violation, however, would call for the defendant's release on personal recognizance, not dismissal of the indictments.

  8. Commonwealth v. Smith

    26 Mass. App. Ct. 673 (Mass. App. Ct. 1988)   Cited 12 times
    In Commonwealth v. Smith, 26 Mass. App. Ct. 673, 532 N.E.2d 57 (1988), the court noted that when a witness for the prosecution is facing criminal charges, it is easy to deduce how those charges may be seen to suggest that the witness is seeking favor with the state.

    Commonwealth v. Barnes, 399 Mass. 385, 392 (1987). Commonwealth v. Lewis, 12 Mass. App. Ct. 562, 572 (1981). As to defense witnesses, it is a far less persuasive proposition that if they are somehow in the toils of the law, they will, for that reason alone, be disposed to testify falsely against the government and in favor of the defendant.

  9. Commonwealth v. Diblasio

    460 N.E.2d 200 (Mass. App. Ct. 1984)   Cited 3 times

    See Commonwealth v. Haywood, 377 Mass. 755, 762-763 (1979). Compare Commonwealth v. Lewis, 12 Mass. App. Ct. 562, 569-573 (1981). 3. It is apparent from our recitation of the evidence that it was sufficient to enable the jury to find from the circumstances and from the conduct of Henson and DiBlasio that she possessed the requisite mental state to warrant her convictions of the crimes charged.

  10. Commonwealth v. Johnson

    450 N.E.2d 1087 (Mass. App. Ct. 1983)   Cited 11 times

    The trial judge, however, retains the discretion to appraise the materiality of the testimony sought to be introduced. Commonwealth v. Haywood, 377 Mass. 755, 761 (1979). Where, as here, the alleged bias arose more than a year after the complaint and identification had been made (contrast Commonwealth v. Hogan, supra at 191, and Commonwealth v. Joyce, 382 Mass. 222, 225 n. 2 [1981]) and where the witness's trial testimony substantially tracked her earlier statements (contrast Commonwealth v. Lewis, 12 Mass. App. Ct. 562, 572 [1981]), the judge was within his discretion in concluding that no bias would be shown by introduction of the complainant's arrest record. Commonwealth v. Haywood, supra at 761-763; Commonwealth v. Best, 381 Mass. 472, 488-490 (1980).