Massachusetts Supreme Judicial Court, 2007

Commonwealth v. Ewing

Commonwealth v. Ewing
Massachusetts Supreme Judicial Court · Decided September 28, 2007
449 Mass. 1035; 873 N.E.2d 1150; 2007 Mass. LEXIS 603
Commonwealth v. Ewing

Cases that cite this one

11 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The defendant was convicted by a jury of rape. The Appeals Court reversed his conviction and ordered a new trial. Commonwealth v. Ewing, 67 Mass. App. Ct. 531 (2006). The court held that multiple errors in the prosecutor’s cross-examination of the defendant and in her closing argument created a substantial risk of a miscarriage of justice. Id. at 541-545. We allowed the Commonwealth’s application for further appellate review. Having carefully reviewed the parties’ arguments and the record, we agree that a new trial is required for the reasons set forth by the Appeals Court in its opinion.1

Judgment reversed.

Verdict set aside.

Remanded for a new trial.

The Appeals Court rejected various other claims made by the defendant concerning the denial of his motion to suppress certain forensic evidence, the sufficiency of the evidence of rape, and the alleged ineffectiveness of his trial counsel. Commonwealth v. Ewing, 67 Mass. App. Ct. 531, 537-541 & 546 n.13 (2006). We likewise reject those claims, again for the reasons set forth by the Appeals Court.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.