[Download] "Commonwealth v. Benjamin Laguer" by Appeals Court of Massachusetts ~ eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Benjamin Laguer
- Author : Appeals Court of Massachusetts
- Release Date : January 31, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Jury and Jurors. Evidence, Relating to deliberation by jurors. Practice, Criminal, Deliberation of jury. KASS, J. In its order of remand in Commonwealth v. Laguer, 410 Mass. 89, 98-99, 571 N.E.2d 371 (1991), the court returned to the Superior Court consideration of the defendant's motion for a new trial ""solely for the purpose of conducting an evidentiary hearing and making a determination with respect to the truth"" of an affidavit ""in so far as it describes ethnically oriented statements attributed to jurors. If the affidavit is found to be essentially true in that regard, the defendant shall be entitled to a new trial. Otherwise, the motion for a new trial should be denied."" On conflicting evidence, the Superior Court Judge 1 found that the statements in the affidavit of juror Nowick describing racially biased statements by juror X 2 were not essentially true. Accordingly, the Judge denied the motion for a new trial. We affirm.