COMMONWEALTH v. FAYERWEATHER


406 Mass. 78 (1989)

546 N.E.2d 345

COMMONWEALTH vs. MORRIS W. FAYERWEATHER.

Supreme Judicial Court of Massachusetts, Bristol.

November 14, 1989.


Attorney(s) appearing for the Case

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

Cynthia A. Vincent, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.


LIACOS, C.J.

The defendant appeals from his conviction of rape, claiming improper exclusion at trial of the complainant's psychiatric records. He also asserts that prejudicial preindictment delay required dismissal of the indictment. For the reasons stated below, we reverse the conviction and remand for a new trial.

1. Exclusion of psychiatric report. The defendant argues, and we agree, that the judge at trial improperly excluded relevant evidence of...

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