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Appeals court hears challenge to OUI conviction over sufficiency, jury selection and Canty testimony
Summary
In Patrick O’Shea’s appeal, defense counsel argued evidence of impairment was insufficient and that juror selection and impermissible testimony (Canty issues) created a substantial risk of miscarriage; the Commonwealth said evidence supported convictions and that errors, if any, were not prejudicial. The panel took the matter under advisement.
The Massachusetts Appeals Court heard oral argument in Commonwealth v. Patrick O’Shea (Docket No. 24-P-501), where the appellant challenged both the sufficiency of evidence for operating under the influence (OUI) and trial‑level handling of jury empanelment and allegedly impermissible testimony under the Canty line of cases.
Genevieve Henrique, representing O’Shea, argued the record contained only limited indicia of impairment: awkward parking, slurred speech, dishevelment, an empty liquor bottle in the…
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