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.)
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