COMMONWEALTH v. SOLIS


407 Mass. 398 (1990)

553 N.E.2d 938

COMMONWEALTH vs. DANIEL SOLIS.

Supreme Judicial Court of Massachusetts, Suffolk.

May 15, 1990.


Attorney(s) appearing for the Case

Willie J. Davis for the defendant.

Julie W. Heflin, Assistant District Attorney (David Mark, Assistant District Attorney, with her) for the Commonwealth.

Arnold R. Rosenfeld & Brownlow M. Speer, for Committee for Public Counsel Services, & Marjorie Heins for Massachusetts Civil Liberties Union Foundation, amici curiae, submitted a brief.

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


WILKINS, J.

A judge of the Superior Court granted the defendant a new trial because statements made to the jury by one or more court officers subjected the jury to extraneous influences that might have prejudiced the defendant. Defense counsel learned of the court officers' statements through postverdict questioning of a juror that was not authorized by a judge. Counsel's conduct was inconsistent with principles for postverdict interrogation of jurors set forth in...

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