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https://www.mass.gov/files/documents/2016/08/xj/3660-evidence-first-complaint.pdf
communications, where “the victim's first complaint to her mother consisted of a single, tightly intertwined oral and written communication”). Where there is more than one witness to the first complaint, only one witness may testify as a first complaint witness. Commonwealth v. …
http://masscases.com/cases/sjc/445/445mass217.html
COMMONWEALTH vs. THOMAS S. KING. 445 Mass. 217 April 6, 2005 - September 29, 2005 ... is independently admissible on the basis that it speaks to the complainant's state of mind at the time of the first complaint. See Commonwealth v. Montanez, supra at 450; Commonwealth v.
https://caselaw.findlaw.com/ma-supreme-judicial-court/1272420.html
Sep 29, 2005 · See Commonwealth v. Montanino, supra at 512, 567 N.E.2d 1212, quoting Commonwealth v. King, 387 Mass. 464, 467, 441 N.E.2d 248 (1982) ( “The time of the offense is not an element of [the crime of rape of a child] and need not be precisely alleged”).
http://masscases.com/cases/sjc/450/450mass449.html
These principles no longer control as a result of our adoption of the first complaint doctrine in Commonwealth v. King, 445 Mass. 217, 241-245 (2005), cert. denied, 546 U.S. 1216 (2006). The naming of people to whom the complainant spoke about the incident is akin to a parade of multiple complaint witnesses, because the jury are likely to ...
https://masslawyersweekly.com/fulltext-opinions/2005/10/03/commonwealth-v-king/
Oct 03, 2005 · Where feasible, that single complaint witness will be the first or initial complaint witness, i.e., the person who was first told of the assault, and may testify to the details of the alleged victim’s first complaint of sexual assault and the circumstances surrounding that first complaint as part of the prosecution’s case-in-chief.
https://masslawyersweekly.com/fulltext-opinions/2003/07/07/commonwealth-v-king-3/
Jul 07, 2003 · Commonwealth v. Gichel, 48 Mass. App. Ct. 206, 209 (1999). Fresh complaint testimony is limited in scope to those acts testified to by the complainant, but it is not limited as to the details of those acts. Commonwealth v. Flebotte, 417 Mass. 348, 351 (1994).
https://law.justia.com/cases/massachusetts/supreme-court/2017/sjc-12227.html
The Supreme Judicial Court reversed Defendant’s convictions for three counts of aggravated rape of a child. Among the issues raised on appeal, Defendant argued that the trial judge erred in interpreting the first complaint rule to require the disclosure of the perpetrator’s identity to the first complaint witness and allowing a law enforcement officer to testify as the first complaint witness.
https://caselaw.findlaw.com/ma-court-of-appeals/1501069.html
Oct 20, 2009 · Ibid. See Commonwealth v. King, supra at 243, 834 N.E.2d 1175. The testimony of the complainant's neighbor was that the complainant reported having been sexually assaulted. This testimony plainly qualified as first complaint, and there was no evidence to suggest the neighbor was incompetent or biased.
https://law.justia.com/cases/massachusetts/supreme-court/volumes/450/450mass441.html
Commonwealth v. King, supra at 229. In 2005, we concluded in Commonwealth v. King, supra at 241-242, that "some elements of our 'fresh complaint' doctrine [did] not adequately reflect current knowledge about victims' reactions to sexual assault" and were not serving the original purposes of the doctrine.
https://www.leagle.com/decision/inmaco20110329237
Nov 12, 2010 · See Commonwealth v. King, supra at 243-244. On the other hand, after inquiry, the judge might have been in a position to permit substitution of another witness to provide first complaint evidence. See ibid; Commonwealth v. Murungu, 450 Mass. 441, 445-446 (2008). However, no proceeding occurred to determine what reports of the alleged sexual ...
https://www.mass.gov/files/documents/2020/01/21/f19P0255.pdf
Commonwealth v. Aviles, 461 Mass. 60, 73 (2011). The principles of the first complaint doctrine are well known. See Commonwealth v. King, 445 Mass. 217, 243 (2005), cert. denied, 546 U.S. 1216 (2006). Briefly, it allows a witness to "testify to the details of [a] victim's first complaint of sexual assault and the circumstances surrounding
https://www.leagle.com/decision/19871067399mass6681994
Commonwealth v. McGrath, 364 Mass. 243, 247 (1973). "There is no absolute rule of law as to the time within which the victim of a sexual assault must make her first complaint of the assault in order to qualify that complaint for admission in evidence as a fresh complaint." Commonwealth v. Bedard, 6 Mass.App.Ct. 959 (1978). See Commonwealth v.
https://bostonbarjournal.com/2012/05/04/commonwealth-v-aviles-and-the-continuing-evolution-of-the-first-complaint-doctrine-by-anne-pogue-donohue/
May 04, 2012 · Case Focus Recently, in Commonwealth v. Aviles, 461 Mass. 60 (2011), the Massachusetts Supreme Judicial Court announced a significant reformulation of the “first complaint” doctrine in sexual assault cases. The SJC created the “first complaint” doctrine seven years ago, when it abandoned the “fresh complaint” doctrine. See Commonwealth v.
https://newenglrev.com/archive/volume-42/issue-3/v42b3carman/
2008 New England Law Review v. 42 631 Commonwealth v. King's "First Complaint Doctrine": The Voice of Injustice May Speak Loudly When Rape Victims are …
https://www.leagle.com/decision/inmaco20110124206
Sep 14, 2010 · Commonwealth v. King, supra at 245. While it is difficult to ascertain the tactical reasons why defense counsel sought to preclude admission of Jane's first complaint testimony that the victim reported a rape by Ostrowsky, without mention of the defendant, the …
https://www.leagle.com/decision/inmaco20161006187
Oct 06, 2016 · The complainant may likewise testify to the details of the first complaint (i.e., what she told the first complaint witness), as well as why the complaint was made at that particular time." Commonwealth v. King, 445 Mass. 217, 218-219 (2005). Evidence of complaints in addition to that allowed under King are ordinarily inadmissible. Commonwealth v.
https://www.leagle.com/decision/inmaco20100816158
Jan 06, 2010 · On appeal, he contends that the erroneous admission of multiple first complaint testimony requires reversal of his convictions. He also argues that the judge erred by allowing the Commonwealth to bolster the victim's credibility with a prior consistent statement. We affirm. Background. 1. Facts.
https://www.courtlistener.com/opinion/2052441/commonwealth-v-king/
Opinion for Commonwealth v. King, 372 N.E.2d 196, 374 Mass. 5 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.
https://www.leagle.com/decision/inmaco20101228173
Oct 13, 2010 · We relate the testimony presented at trial as it pertains to the issue of the first complaint doctrine. The victim testified as the Commonwealth's first witness. 1 She provided a detailed description of the defendant's rapes and sexual abuse of her over a number of years. At the end of direct examination, the victim was asked: "Did you tell the ...
https://bostonbar.org/sections-forums/sections/criminal-law/news-archive/2012/04/19/from-the-boston-bar-journal-commonwealth-v.-aviles-and-the-continuing-evolution-of-the-first-complaint-doctrine
Apr 19, 2012 · From the Boston Bar Journal: Commonwealth v. Aviles and the Continuing Evolution of the First Complaint Doctrine Thursday, April 19, 2012 (?) This article has been republished from the Boston Bar Jour...
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