COMMONWEALTH v. HARRIS


443 Mass. 714 (2005)

COMMONWEALTH v. RICHARD HARRIS.

Supreme Court of Massachusetts, Middlesex.

March 24, 2005.


Attorney(s) appearing for the Case

Nona E. Walker, Committee for Public Counsel Services, for the defendant.

Sheryl F. Grant, Assistant District Attorney (Suzanne M. Kontz, Assistant District Attorney, with her) for the Commonwealth.

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


SOSMAN, J.

The defendant was convicted of aggravated rape (two indictments), kidnapping, intimidation of a witness, assault and battery, assault and battery on a public employee, and resisting arrest. On appeal, he contends that the judge erred in ruling that he had no discretion to admit impeachment evidence that the complaining witness had been convicted as a common nightwalker. The defendant thus asks us to revisit whether the rape-shield statute, G. L. c. 233...

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