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COMMONWEALTH v. BRESNAHAN

No. 07-P-1927.

79 Mass. App. Ct. 353 (2011)

COMMONWEALTH v. JOHN W. BRESNAHAN.

Appeals Court of Massachusetts, Nantucket.

April 27, 2011.

Attorney(s) appearing for the Case

Thomas G. Shack, III, Assistant District Attorney, for the Commonwealth.

Russell Fuller for the defendant.

Present: GRASSO, GRAHAM, & HANLON, JJ.

GRASSO, J.

The convoluted proceedings that underlie this appeal exemplify the pitfalls of engaging in a postverdict inquiry of jurors without first carefully applying the principles set forth in Commonwealth v. Fidler, 377 Mass. 192 (1979), and its progeny. Because the motion judge engaged in a postverdict examination of jurors prematurely and without affording the Commonwealth the opportunity to explore whether...

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