Commonwealth v. Descollines
Commonwealth v. Descollines
Opinion of the Court
The defendant in this matter was convicted of indecent assault and battery of a person over fourteen years of age, G. L. c. 265, § 13H, assault with intent to rape, G. L. c. 265, § 24, and assault and battery, G. L. c. 265, § 13A. He now appeals. The defendant complains of the admission of evidence of prior bad acts, specifically two events that occurred prior to the conduct of which he was convicted: the defendant slapped the complainant in her face and kicked her in the face with his bare foot. The evidence was admitted with a limiting instruction that stated it could be considered "not to show that the defendant has misbehaved in some manner, or has bad character, or a propensity to commit the crimes charged in these indictments ... [but] only to the extent that you deem it relevant to the nature of the relationship between the witness and the defendant, to any pattern of conduct on his part, or to his state of mind. Those are the only purposes for which you may consider the evidence."
The parties dispute the standard of review, but we assume without deciding that the proper standard is review for prejudicial error, as the defendant argues. The defendant argues that the judge abused her discretion in allowing this evidence because the risk of unfair prejudice from its admission outweighed its probative value. See Commonwealth v. Crayton,
The evidence here was admissible to depict the existence of a hostile relationship between the defendant and the victim. See Commonwealth v. Oberle,
Judgments affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.