Commonwealth v. Acerbi
Commonwealth v. Acerbi
Opinion of the Court
The defendant appeals from a conviction of larceny of a motor vehicle (G. L. c. 266, § 28[a]), alleging that the trial judge erred in conducting in the presence of the jury a voir dire examination regarding the admissibility of a custodial confession. We affirm the conviction.
Because the defendant did not object to the presence of the jury during the voir dire, “we review this claim to determine whether there is a ‘substantial likelihood that a miscarriage of justice has occurred.’ Commonwealth v. Garcia, [379 Mass. 422, 439 (1980)]. We would reverse only a showing of grave prejudice.” Commonwealth v. Tavares, 385 Mass. 140, 149 (1982).
The defendant requested a voir dire examination of a police officer following the officer’s testimony that the defendant had been given
While conduct of a voir dire within the hearings of the jury with respect to the voluntariness of a confession is not appropriate, there is no constitutional requirement “that all voluntariness hearings must be held outside the presence of the jury, regardless of the circumstances.” Pinto v. Pierce, 389 U.S. 31, 32 (1967). See Commonwealth v. Polidoro, 4 Mass. App. Ct. 794 (1976). In the circumstances of this case, we find that there is no “substantial likelihood that a miscarriage of justice has occurred” as a result of the jury’s presence during the voir dire. Commonwealth v. Garcia, supra.
The defendant also asserts that he was denied a specific ruling by the trial judge on the voluntariness of the confession. However, the record does not disclose that a request for such a ruling was made. Moreover, “[wjhere, as in the present case, the evidence presented at the voir dire is not conflicting and does not raise any question of custodial coercion, the judge’s decision to admit the defendant’s statements makes his conclusions as to voluntariness ‘clearly evident from the record.’ Jackson v. Denno, [378 U.S. 368, 378-379 (1966)]”. Commonwealth v. Brady, 380 Mass. 44, 52 (1980).
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.