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COMMONWEALTH v. EPPS

SJC-11921.

474 Mass. 743 (2016)

COMMONWEALTH v. DERICK EPPS.

Supreme Judicial Court of Massachusetts, Essex.

Corrected July 29, 2016.

Attorney(s) appearing for the Case

David Hirsch for the defendant.

David F. O'Sullivan, Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Seth Miller, of Florida, Katherine H. Judson, of Wisconsin, Adam W. Deitch & Lindsay A. Olson, of New York, & Jeffrey S. Brown for The Innocence Network.

Heather Kirkwood, of Washington, & David E. Meier for David Ayoub & others.

Matthew R. Segal, Dennis Shedd, & Chauncey B. Wood for Committee for Public Counsel Services & others.

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

The defendant was convicted by a Superior Court jury of assault and battery on a child causing substantial bodily injury, in violation of G. L. c. 265, § 13J (b). The prosecution contended that the defendant violently shook the two year old child in his care based on medical testimony that the child was diagnosed with traumatic...

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