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Appeals court weighs whether trial counsel erred by not requesting an accident instruction in Commonwealth v. Blackney
Summary
At oral argument, attorneys disputed whether a defendant was entitled to an "accident" instruction at trial and whether medical records mentioning the word "pushed" should have been redacted under the medical-records privilege statute.
The Appeals Court heard argument in Commonwealth v. Blackney (No. 24646) over two principal issues: (1) whether trial counsel rendered ineffective assistance by failing to request an accident instruction after the defendant testified the injury resulted from an accident, and (2) whether references in hospital records that the victim was "pushed" or "kicked" were admissible or should have been redacted under the statutory medical-records rule.
Why it matters: The court’s resolution could affect how trial courts evaluate defensive instructions (accident vs. assault-and-battery) and how hospital-record statements that touch on causation and liability are handled at trial.
Attorney Edward Gauthier, representing the defendant, argued that the evidence plainly supported…
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