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Appeals court weighs missing‑witness instruction and video evidence in Rivera consent case
Appeals Court Panel (Associate Justice Sabida Singh, Justice Rachel Hirschvang, Justice Chauncey Wood) · January 12, 2026
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Summary
In Commonwealth v. Eric Mitchell Rivera, defense counsel argued the judge should have given a missing‑witness instruction on the victim; the Commonwealth said substitute evidence (video, officer testimony) and the trial record made any extra instruction unnecessary.
The panel heard argument in Commonwealth v. Eric Mitchell Rivera, a case focused on consent and whether the trial judge should have issued a missing‑witness jury instruction. Appellant counsel argued the absent victim was the central witness on consent and that the jury should have…
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