Quimbee logo
DMCA.com Protection Status
From our private database of 15,700+ case briefs...

Commonwealth v. Daye

Supreme Judicial Court of Massachusetts
469 N.E.2d 483 (1984)


The Commonwealth of Massachusetts (plaintiff) prosecuted Dennis Daye (defendant) for shooting a man. Steven Ciambelli told the grand jury he recognized Daye as the shooter. At trial, Ciambelli denied recognizing Daye. The judge admitted Ciambelli's grand jury testimony as a past recollection recorded of Ciambelli's recognition of Daye as the shooter. Ciambelli repudiated his grand jury testimony. The jury convicted Daye. Daye appealed to the Supreme Judicial Court of Massachusetts, arguing the judge erred in admitting Ciambelli's grand jury testimony. The court ruled Ciambelli's repudiation of his grand jury testimony made that testimony inadmissible under the past recollection recorded rule and necessitated reversal, and proceeded to consider if Ciambelli's grand jury testimony could be admitted at Daye’s new trial as a prior inconsistent statement.

Rule of Law


Holding and Reasoning (Abrams, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 333,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 15,700 briefs, keyed to 213 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.