COMMONWEALTH v. TUCCERI


412 Mass. 401 (1992)

589 N.E.2d 1216

COMMONWEALTH vs. DAVID W. TUCCERI.

Supreme Judicial Court of Massachusetts, Middlesex.

April 9, 1992.


Attorney(s) appearing for the Case

Patricia M. Darrigo, Assistant District Attorney (Rosemary D. Mellor, Assistant District Attorney, with her) for the Commonwealth.

Greta A. Janusz for the defendant.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & GREANEY, JJ.


WILKINS, J.

We granted further appellate review in this case to consider the standard to be applied in ruling on a defendant's motion for a new trial based on the failure of the prosecution to disclose exculpatory evidence in its possession.

At the defendant's 1978 trial on charges of rape, kidnapping, unarmed robbery, mayhem, and assault and battery, identification of the assailant was the only contested issue. The police arrested the defendant near the crime...

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