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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Commonwealth v. Nieves, 125 N.E.3d 800 (2019)

Citation
Commonwealth v. Nieves, 125 N.E.3d 800 (2019)
Parent Document
Commonwealth v. Nieves, 125 N.E.3d 800 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-05-15

Full Text

584 chars
Even assuming the defendant was correct that the judge misapplied the "disinterested witness" factor, given the judge's other findings of reliability, any misapplication would not make the statements unreliable. "There is no requirement that hearsay satisfy all the above criteria to be trustworthy and reliable." Patton, 458 Mass. at 133. The hearsay statements of the victim of an assault that a defendant allegedly committed while on probation may be admissible at the revocation hearing even where there is no determination that the victim was "disinterested." See id. at 133-134.