Com. v. Burnett
| Court | United States State Supreme Judicial Court of Massachusetts |
| Writing for the Court | Before LIACOS; ABRAMS |
| Citation | 632 N.E.2d 1206,417 Mass. 740 |
| Parties | COMMONWEALTH v. Glen BURNETT. |
| Decision Date | 10 May 1994 |
Page 1206
v.
Glen BURNETT.
Hampden.
Decided May 10, 1994.
Page 1207
Brownlow M. Speer, Boston, for the defendant.
Judith Ellen Pietras, Asst. Dist. Atty., for the Com.
Before LIACOS, C.J., and ABRAMS, NOLAN, O'CONNOR and GREANEY, JJ.
ABRAMS, Justice.
The defendant, Glen Burnett, appeals from his conviction of motor vehicle homicide. See G.L. c. 90, § 24G(a ) (1992 ed.). The defendant raises two issues on appeal. He alleges that it was error for the judge to preclude him from impeaching the credibility of a witness, the driver of the other vehicle, with his prior conviction for "operating to endanger." See G.L. c. 233, § 21, Fourth (1992 ed.). [417 Mass. 741] The defendant also challenges the judge's refusal to admit, as an excited utterance, an out-of-court statement made by the driver of the other automobile. We conclude that the judge's rulings were correct, and now affirm.
Facts. We set forth the facts in the light most favorable to the Commonwealth. Commonwealth v. Salemme, 395 Mass. 594, 595, 481 N.E.2d 471 (1985). In the early morning of October 20, 1990, Leonard Besner and Thomas White were headed south in the left lane on Roosevelt Avenue in Springfield. Besner was driving. An automobile coming from the opposite direction, in rounding a corner, crossed over the double yellow line and collided with Besner's vehicle. As a result of the collision, Thomas White died of massive injuries due to blunt trauma. The defendant admitted that he was the driver of the second vehicle.
The evidence indicated that both drivers had consumed alcoholic beverages. Burnett testified that he had consumed a forty-ounce beer earlier in the afternoon. Besner testified that he drank two mixed drinks at a bar that night before driving. Blood samples revealed that Burnett's blood alcohol level was .17. Besner's blood alcohol level was .07.
Donna Morrissette and Kelly Connor were following approximately four automobile lengths behind Besner at the time of the accident. The two women met Besner and White earlier that evening at the bar. Connor and Besner were planning to go out to breakfast. Morrissette and Connor both testified that they saw Burnett's vehicle cross over the yellow line and hit Besner's car. In addition, a Springfield police officer assigned to the traffic bureau testified that he was able to determine, from the location of debris from the vehicles, that the point of impact was in Besner's lane of travel. The officer stated that a "head-on collision with some speed involved" was caused by the defendant's crossing the double line into Besner's lane.
Burnett said that he was driving north on Roosevelt Avenue with a friend, Tamara Henson, when he saw lights coming toward him in his lane. He attempted unsuccessfully
Page 1208
to swerve to avoid hitting the automobile. He became unconscious[417 Mass. 742] as a result of the accident and remembered nothing after the moment of impact. Tamara Henson corroborated the defendant's version that Besner's automobile crossed over the line, causing the accident. Defense counsel argued to the jury that it was Besner, not the defendant, who crossed over the center line. He argued that the evidence showed Besner had been drinking. A jury convicted the defendant of motor vehicle homicide.1. Evidence of prior convictions under G.L. c. 233, § 21, Fourth. General Laws c. 233, § 21, Fourth, provides, in relevant part: "The conviction of a witness of a crime may be shown to affect his credibility, except as follows: ... the record of his conviction for a traffic violation upon which a fine only was imposed shall not be shown for such purpose unless he has been convicted of another crime or crimes within five years of the time of his testifying."
The defendant sought to introduce evidence that...
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Com. v. Hunter
...with certain issues raised. See Commonwealth v. Nichypor, 419 Mass. 209, Page 818 210, 643 N.E.2d 452 (1994); Commonwealth v. Burnett, 417 Mass. 740, 741, 632 N.E.2d 1206 (1994). The victim, who was an eighty-seven year old woman, lived alone in an apartment in Malden. Among her friends and......
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Commonwealth v. Wilson, 17-P-254
...utterances because at the time she made them she was no longer under the stress of an exciting event. See Commonwealth v. Burnett, 417 Mass. 740, 743-744, 632 N.E.2d 1206 (1994). Also, the defendant argued that the admission of these statements would violate his confrontation clause rights ......
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Commonwealth v. Houston
...(1996); Commonwealth v. Maguire, supra; Commonwealth v. Bucknam, 20 Mass. App. Ct. 121, 123-124 (1985). See also Commonwealth v. Burnett, 417 Mass. 740, 743 n.1 (1994), citing Commonwealth v. Bucknam, supra (we have not adopted rule that would provide that judge does not have discretion to ......
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Com. v. DiMonte
...at the hospital were spontaneous or made under the stress needed to qualify as an excited utterance. See Commonwealth v. Burnett, 417 Mass. 740, 744, 632 N.E.2d 1206 As for the medical records exception, "[o]ur decisions have demonstrated Page 52 liberal interpretation of the statute in the......
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Com. v. Hunter
...with certain issues raised. See Commonwealth v. Nichypor, 419 Mass. 209, Page 818 210, 643 N.E.2d 452 (1994); Commonwealth v. Burnett, 417 Mass. 740, 741, 632 N.E.2d 1206 (1994). The victim, who was an eighty-seven year old woman, lived alone in an apartment in Malden. Among her friends and......
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Commonwealth v. Wilson, 17-P-254
...utterances because at the time she made them she was no longer under the stress of an exciting event. See Commonwealth v. Burnett, 417 Mass. 740, 743-744, 632 N.E.2d 1206 (1994). Also, the defendant argued that the admission of these statements would violate his confrontation clause rights ......
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Commonwealth v. Houston
...(1996); Commonwealth v. Maguire, supra; Commonwealth v. Bucknam, 20 Mass. App. Ct. 121, 123-124 (1985). See also Commonwealth v. Burnett, 417 Mass. 740, 743 n.1 (1994), citing Commonwealth v. Bucknam, supra (we have not adopted rule that would provide that judge does not have discretion to ......
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Com. v. DiMonte
...at the hospital were spontaneous or made under the stress needed to qualify as an excited utterance. See Commonwealth v. Burnett, 417 Mass. 740, 744, 632 N.E.2d 1206 As for the medical records exception, "[o]ur decisions have demonstrated Page 52 liberal interpretation of the statute in the......