Domestic Assault Massachusetts Quincy Lawyer Kidnapping Rape Charge
James v Commonwealth
Defendant was convicted by a Superior Court (Massachusetts) of aggravated rape, kidnapping, and related domestic assault charge. Defendant appealed his convictions and the trial court’s denial of his motion for a new trial.
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The Massachusetts Court made the following holding:
- The decision to qualify a witness as an expert on a particular matter that is within that witness’s field of expertise will not be disturbed absent an abuse of discretion or error of law. The crucial issue is whether the witness has sufficient education, training, experience, and familiarity with the subject matter of her testimony..
- The pattern of behavioral and emotional characteristics common to the victims of battering lies beyond the ken of the ordinary juror and may properly be the subject of expert testimony.
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These summaries are provided by the Gilmore & Sris Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The Original opinions should be consulted for their authoritative content.