COMMONWEALTH v. BRESNAHAN

No. 07-P-1927.

79 Mass. App. Ct. 353 (2011)

COMMONWEALTH v. JOHN W. BRESNAHAN.

Appeals Court of Massachusetts, Nantucket.

April 27, 2011.


Attorney(s) appearing for the Case

Thomas G. Shack, III , Assistant District Attorney, for the Commonwealth.

Russell Fuller for the defendant.

Present: GRASSO, GRAHAM, & HANLON, JJ.


GRASSO, J.

The convoluted proceedings that underlie this appeal exemplify the pitfalls of engaging in a postverdict inquiry of jurors without first carefully applying the principles set forth in Commonwealth v. Fidler, 377 Mass. 192 (1979), and its progeny. Because the motion judge engaged in a postverdict examination of jurors prematurely and without affording the Commonwealth the opportunity to explore whether...

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