OUI Essex Massachusetts Lawyer Jury Instruction Harmless

Commonwealth v. Klein

Facts:

Defendant was found guilty of homicide by motor vehicle while under the influence of intoxicating liquor, operating the same having been previously convicted of a like offense, operating a motor vehicle after his license to do so had been suspended or revoked, leaving the scene of an accident after causing personal injury and property damage, and failing to stop for a police officer. The commonwealth applied for direct appellate review.

OUI Essex Massachusetts Lawyer Jury Instruction Harmless

Issue:

• Whether the error in instruction relating to the Defendant’s intoxication was harmful?

Discussion:

Defendant was driving a car down a street when he hit a man who had just parked his car on the side of the road. Defendant did not stop until the police pursued him. Once stopped, the police determined that he was intoxicated and arrested him. Defendant presented evidence that he was not intoxicated and that his blood alcohol content was never tested. The jury was instructed with reference to the lack of such testing and defense counsel objected to the charge. The particular instruction was declared unconstitutional in a decision after defendant was convicted. Defendant argued that this decision should be applied retroactively. The court found that the error in giving the instruction was not harmless because it raised an improper inference about defendant’s allegedly intoxicate state. Thus, the court reversed his convictions for homicide by a motor vehicle and operating a motor vehicle while under the influence. Defendant’s motion for a finding of not guilty should have been allowed on the subsequent offense charge because the commonwealth did not prove that defendant was actually the same person as the defendant named in the three prior convictions. The court affirmed the judgment of operating a motor vehicle after defendant’s license had been revoked, leaving the scene of an accident, and failing to stop for a police officer. The court reversed the judgment of homicide by motor vehicle and operating the same while under the influence and remanded for further proceedings. The court also reversed the judgment of being a subsequent offender and directed a judgment to be entered for defendant.

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.