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Justia Daily Opinion Summaries

Massachusetts Supreme Judicial Court
August 13, 2020

Table of Contents

Commonwealth v. Peno

Civil Rights, Constitutional Law, Criminal Law

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#MeToo and What Men and Women Are Willing to Say and Do

SHERRY F. COLB

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Cornell Law professor Sherry F. Colb explores why people have such strong feelings about the #MeToo movement (whether they are advocates or opponents) and suggests that both sides rest their positions on contested empirical assumptions about the behavior of men and women. Colb argues that what we believe to be true of men and women generally contributes to our conclusions about the #MeToo movement and our perceptions about how best to handle the accusations of those who come forward.

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Massachusetts Supreme Judicial Court Opinions

Commonwealth v. Peno

Docket: SJC-12464

Opinion Date: August 10, 2020

Judge: Barbara A. Lenk

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Judicial Court affirmed Defendant's conviction for murder in the first degree on a theory of extreme atrocity or cruelty, holding that the errors that occurred during the trial did not require a new trial. On appeal, Defendant argued that she was prejudiced from the Commonwealth's use of prior bad act evidence. The Supreme Judicial Court affirmed, holding (1) some of the challenged evidence should not have been admitted, but there was no abuse of discretion int he judge's conclusion that the probative value of the evidence was not outweighed by its prejudicial effect; (2) the prosecutor's reliance on the prior bad act evidence in closing arguments was improper, but the improprieties did not so infuse the trial with unfairness as to deny due process of law; and (3) a reduction in the verdict pursuant to Mass. Gen. Laws ch. 278, 33E would not serve the interests of justice.

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