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COMMONWEALTH v. BRESNAHAN

SJC-11003.

462 Mass. 761 (2012)

COMMONWEALTH v. JOHN W. BRESNAHAN.

Supreme Judicial Court of Massachusetts, Nantucket.

July 13, 2012.

Attorney(s) appearing for the Case

Russell W. Fuller for the defendant.

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

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, & DUFFLY, JJ.

BOTSFORD, J.

More than a year after his conviction for operating a motor vehicle while under the influence of alcohol, the defendant, John W. Bresnahan, moved for postverdict inquiry of the jurors. The trial judge had recused himself, and a different judge granted the defendant's motion for postverdict inquiry. After holding evidentiary hearings, the judge allowed the defendant's motion for a new trial on the basis that...

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