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Appeals court hears argument over prior-bad-acts evidence and sealed material in 24P2018
Summary
A three-judge panel of the Massachusetts Appeals Court heard arguments in 24P2018 about whether prior-bad-acts testimony was improperly admitted and how to handle sealed, impounded information that attorneys cannot mention at oral argument.
Justice Ditkoff, presiding, told counsel at the start of oral argument that sealed material in case number 24P2018 must not be discussed in court. "The legislature has decided this is sealed, and so we'll just have to avoid that," she said.
Tara Ganguly, attorney for defendant David Nudo, told the panel the exceptions to the rule against admitting prior-bad-acts, sometimes called propensity evidence, have "swallowed the rule." Ganguly argued that the contested evidence was ‘‘sandwiched’’ in the testimony between charged conduct and that its admission…
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