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Appeals court hears challenge that strangulation charge was widened to permit assault conviction
Summary
A three-justice appeals panel heard arguments over whether a trial that began as a strangulation prosecution was constructively amended—allowing conviction on broader assault-and-battery theories—and whether the defendant preserved the objection.
Chief Justice Amy Blake and Justices Suk Kyung Shin and Maureen Walsh heard oral argument in Commonwealth v. David Juden, docket 24P488, over whether the trial court’s midtrial shift from a strangulation charge to a simple-assault theory improperly allowed conviction for conduct the defendant said he was never charged with.
Attorney Emma Quinn Judge represented David Juden and argued that the trial record shows defense counsel objected at multiple points “I would respectfully ask the court to direct out the strangulation, but also not to initiate the assault and battery,” and that the case was annotated on the docket as amended over defense objection. Judge said the amendment/variance expanded…
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