COMMONWEALTH v. RAGLAND

No. 06-P-1199.

72 Mass. App. Ct. 815 (2008)

COMMONWEALTH v. WILLIAM RAGLAND (and a companion case).

Appeals Court of Massachusetts, Suffolk.

October 14, 2008.


Attorney(s) appearing for the Case

Elizabeth Caddick for William Ragland.

Kathleen M. Kelly for Trevor Watson.

Macy Lee, Assistant District Attorney, for the Commonwealth.

Present: BERRY, MEADE, & SIKORA, JJ.


BERRY, J.

In this appeal, we address the evidentiary standards that govern the admission of grand jury statements when the witness recants the statements during trial and then gives inconsistent testimony, in circumstances where the recanted grand jury statements constitute the proof of an essential element of the offense — here, the element of possession of a knife in the offense of assault and battery by means of a dangerous weapon. We further address what...

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