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Decision

Decision  Commonwealth v. Wolfe

Date: 10/13/2017
Organization: Massachusetts Supreme Judicial Court
  • For the Plaintiff: Commonwealth
  • Defendant: Michael J. Wolfe
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Commonwealth v. Wolfe

Commonwealth v. Michael J. Wolfe
Supreme Judicial Court, October 13, 2017
(Crimes/OUI/Jury Instructions)

In a jury trial of an operating a motor vehicle under the influence (OUI) case, the trial judge should refrain from giving a Downs-type instruction unless a defendant makes a request for the instruction or if there are rare facts that specifically focus the jury’s attention to the absence of alcohol-test evidence.

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