Date: | 09/14/2018 |
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Organization: | Massachusetts Supreme Judicial Court |
Commonwealth v. Joshua Rosado
Supreme Judicial Court, September 14, 2018
(Confrontation of witness/Forfeiture by Wrongdoing)
The Court declines to expand the forfeiture of wrongdoing doctrine. A defendant’s attempt to make a witness unavailable at another defendant’s trial does not trigger the doctrine. Specifically, a defendant forfeits his right to object to inadmissible hearsay resulting from his own wrongdoing in seeking to prevent a witness from testifying against him, not against a third party in another proceeding.