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COMMONWEALTH v. FULLER

No. 04-P-1145.

66 Mass. App. Ct. 84 (2006)

COMMONWEALTH v. DERRICK FULLER.

Appeals Court of Massachusetts, Plymouth.

April 13, 2006.

Attorney(s) appearing for the Case

Robert F. Shaw, Jr., for the defendant.

Gail M. McKenna, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, SMITH, & BERRY, JJ.

PERRETTA, J.

On appeal from his conviction on an indictment charging him with rape by natural intercourse, the defendant argues that the trial judge erred in his various rulings and jury instructions concerning the victim's mental retardation. We conclude that the evidence concerning the victim's retardation was based on the witness's personal observations rather than an opinion based on any particular expertise,...

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