No. 21-7312

Daniel Viveiros v. Massachusetts

Lower Court: Massachusetts
Docketed: 2022-03-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: complaint-testimony due-process evidence evidence-admission expert-testimony prosecutorial-misconduct sexual-assault trial-error trial-procedure uncorroborated-allegations
Key Terms:
DueProcess
Latest Conference: 2022-04-29
Question Presented (AI Summary)

Whether the trial court erred in admitting evidence without expert medical testimony

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the trial court erred be admitting, without’ expert medical testimony, evidence of the complainant's stomachaches and bladder pain puporting to corroborate her allegations of sexual assault? 2. Whether the commonwealth deprived the defendant of his state and federal due process rights where the trial prosecutor (a) , grossly misstated the first complaint witness's testimony in closing argument};(2) Violated the bar against Successive <0 complaint testimonyy and (3) Improperly vouched for the first ; complaint witness and the complainant? 3. Whether the cumulative effect of the trial errors, all of which tended’ to bolster the complainant's uncorroborated ; allegations, deprived therdefendant of his state and federal due process rights and require a new trial?

Docket Entries

2022-05-02
Petition DENIED.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-04-07
Waiver of right of respondent Massachusetts to respond filed.
2022-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 7, 2022)

Attorneys

Daniel Viveiros
Daniel Viveiros — Petitioner
Massachusetts
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent