COMMONWEALTH v. TALBOT


444 Mass. 586 (2005)

COMMONWEALTH vs. JUSTINA TALBOT.

Supreme Judicial Court of Massachusetts, Hampden.

July 7, 2005.


Attorney(s) appearing for the Case

Carol A. Donovan, Committee for Public Counsel Services, for the defendant.

Marcia B. Julian, Assistant District Attorney, for the Commonwealth.

John F. Palmer, for Massachusetts Association of Criminal Defense Attorneys, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


SPINA, J.

The defendant was convicted, under a joint venture theory, of the forcible rape and the indecent assault and battery of her minor daughters by her boy friend. On appeal she asserts error in the exclusion of expert testimony concerning (1) the effects of her diabetes on her ability to recognize the sexual abuse of her daughters and, therefore, her ability to share the requisite mental state needed to establish a joint venture; and (2) the family burdens her...

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