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COMMONWEALTH v. HOWARD

446 Mass. 563 (2006)

COMMONWEALTH v. RICHARD D. HOWARD.

Supreme Court of Massachusetts, Franklin.

April 18, 2006.

Attorney(s) appearing for the Case

Aziz Safar for the defendant.

Steven Greenbaum, Assistant District Attorney, for the Commonwealth.

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

GREANEY, J.

A jury in the Superior Court convicted the defendant of forcible rape of a child and indecent assault and battery. His convictions were affirmed by the Appeals Court in an unpublished memorandum and order entered pursuant to its rule 1:28. Commonwealth v. Howard, 63 Mass.App.Ct. 1120 (2005). We granted the defendant's application for further appellate review on the limited issue whether a judge...

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