COMMONWEALTH v. CASEY


442 Mass. 1 (2004)

COMMONWEALTH v. STEVEN CASEY (No. 1).

Supreme Court of Massachusetts, Bristol.

June 3, 2004.


Attorney(s) appearing for the Case

Steven E. Gagne, Assistant District Attorney (Carolyn A. Burbine, Assistant District Attorney, with him) for the Commonwealth.

David A.F. Lewis for the defendant.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cardy, JJ.


SPINA, J.

The defendant was convicted of rape of a child and indecent assault and battery on a child under the age of fourteen years. More than three years after the convictions, the defendant filed a motion for a new trial raising multiple issues, all of which are included in this appeal. A judge in the Superior Court, who was also the trial judge, ordered a new trial on the ground that an alternate juror had been present during jury deliberations for approximately...

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