Commonwealth v. Bright
| Docket Number | SJC-11016 |
| Decision Date | 13 September 2012 |
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68 cases
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Commonwealth v. Andrade
...party opponent requires a showing by a preponderance of the evidence that the defendant was the declarant. See Commonwealth v. Bright, 463 Mass. 421, 431, 974 N.E.2d 1092 (2012), citing Bourjaily v. United States, 483 U.S. 171, 175, 107 S.Ct. 2775, 97 L.Ed.2d 144 (1987). Here, Nunez testifi......
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Commonwealth v. Preston P.
...to warrant a reasonable or prudent person in believing that the defendant has committed the offense"), with Commonwealth v. Bright, 463 Mass. 421, 434 & n.19, 974 N.E.2d 1092 (2012) (preponderance means "more likely than not"). Because of the diminished government interest, and because an e......
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Commonwealth v. Carter
...joint venture as constituting a new venture requiring a separate evidentiary foundation" (footnote omitted). Commonwealth v. Bright, 463 Mass. 421, 437, 974 N.E.2d 1092 (2012). Although both defendants were in custody separately at the time Carter's statements were made, neither defendant w......
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Commonwealth v. Steadman
...the statements are made both during the pendency of the cooperative effort and in furtherance of its goal.’ " Commonwealth v. Bright, 463 Mass. 421, 426, 974 N.E.2d 1092 (2012), quoting Commonwealth v. Braley, 449 Mass. 316, 319, 867 N.E.2d 743 (2007). Before admitting such coventurer hears......
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