103 Mass. App. Ct. 635
Mass. App. Ct.2023Background
- Defendant Leonard was convicted of multiple charges after operating a motor vehicle while intoxicated, including his fifth offense OUI and related charges (e.g., negligent operation, license suspended for OUI).
- On July 18, 2020, Leonard drove erratically near the Sagamore Bridge, failed to stop for police, threw a bag from his vehicle, collided with another car, and crashed into a tree.
- At arrest, Leonard exhibited signs of intoxication; police found empty alcohol containers in his vehicle.
- Leonard's counsel sought attorney-led voir dire, bifurcation of the OUI-suspended license charge, and specific jury instructions—each of which were denied or restricted by the trial judge.
- On appeal, Leonard challenged the trial court's denial of attorney-led voir dire, failure to bifurcate, and refusal to give requested jury instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of attorney-led voir dire | Leonard: Standing order mandates allowing it if properly requested. | Commonwealth: Motion was untimely, judge has discretion. | Error, but harmless—no shown prejudice. |
| Denial of bifurcating OUI-suspended charge | Leonard: Evidence of prior act prejudices jury on current charge. | Commonwealth: Limiting instruction and evidence admitted properly. | No abuse of discretion; limiting instructions sufficed. |
| Refusal of implicit bias instruction | Leonard: Requested based on SJC model; helps ensure impartiality. | Commonwealth: No race/ethnicity issues; judge gave a bias warning. | No abuse of discretion; general bias instructions adequate. |
| Refusal of other jury instructions (prejudice, Bowden, DiGiambattista) | Leonard: Requested specific instructions for fairness and investigative inadequacy. | Commonwealth: Standard instructions sufficient; no custodial statements. | No abuse of discretion; standard instructions adequate. |
Key Cases Cited
- Commonwealth v. Morales, 440 Mass. 536 (broad discretion in court's voir dire questions)
- Commonwealth v. Bowden, 379 Mass. 472 (Bowden instruction not required—discretionary)
- Commonwealth v. Bresilia, 470 Mass. 422 (Bowden instruction discretion)
- Commonwealth v. Cheremond, 461 Mass. 397 (jury presumed to follow limiting instructions)