No. 21-7312

Daniel Viveiros v. Massachusetts

Lower Court: Massachusetts
Docketed: 2022-03-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: complaint-testimony due-process evidence evidence-admission expert-testimony prosecutorial-misconduct sexual-assault trial-error trial-procedure uncorroborated-allegations
Latest Conference: 2022-04-29
Question Presented (from Petition)

1. Whether the trial court erred be admitting, without'expert
medical testimony, evidence of the complainant's stomachaches
and bladder pain puporting to corroborate her allegations of
sexual assault?

2. Whether the commonwealth deprived the defendant of his sbate
and federal due process rights where the trial prosecutor (a)
grossly misstated the first complaint witness's testimony in
closing argument^ ](2) Violated the bar against Successive co
complaint testimony^' and (3) Improperly vouched for the first
complaint witness and the complainant?

3. Whether the cumulative effect of the trial errors, all
of which tended'to bolster the complainant's uncorroborated
allegations, deprived therdefendant of his state and federal
due process rights and require a new trial?

Question Presented (AI Summary)

Whether the trial court erred in admitting evidence without expert medical testimony

Docket Entries

2022-05-02
Petition DENIED.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-04-07
Waiver of right of respondent Massachusetts to respond filed.
2022-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 7, 2022)

Attorneys

Daniel Viveiros
Daniel Viveiros — Petitioner
Massachusetts
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent