Commonwealth v. Morales, 464 Mass. 302

Morales stabbed Michael Carey on September 26, 2002, leading to a murder charge and a separate assault and battery with a dangerous weapon charge against Leola Thomas.
Initial trial in 2004 verdict: murder in the second degree; acquittal on the Thomas assault charge; appellate reversal for jury instruction error; remanded for a new trial.
Second trial in October 2008: Morales convicted of manslaughter; case affirmed on appeal to this court.
The issue at issue in Adjutant concerns admitting a victim’s prior violent acts to prove the first aggressor when self-defense is raised; the court considered extending that logic to defendant’s prior acts on the same issue.
During the second trial, the Adjutant framework was applied to allow evidence of the victim’s prior acts (and convictions) to identify the first aggressor, and the trial judge indicated, and later instructed, that the jury could consider both parties’ prior acts for that purpose.
Timely notice requirements and balancing probative value against prejudice were highlighted as conditions for admitting such evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
May the Commonwealth introduce defendant’s prior violent acts to identify the first aggressor when defendant’s self-defense claim is supported by victim’s prior acts?	Commonwealth; such acts on defendant balance the evidence.	Adjutant does not authorize defendant’s reciprocal use of prior acts.	Yes, with safeguards (notice and probative outweigh prejudice).
Is timely notice required before trial to admit defendant’s prior acts on the first aggressor issue?	Notice ensures fair decision-making.	Failure to timely notice is prejudicial.	Error if not timely; not reversible in this case given circumstances.
Must limiting instructions accompany admission of prior acts by either party on the first aggressor issue?	To prevent misapplication and prejudice.	Not explicitly required beyond Adjutant’s framework.	Yes; careful, contemporaneous and final instructions are required.

Commonwealth v. Adjutant, 443 Mass. 649 (Mass. 2005) (admission of victim’s prior acts to identify first aggressor in self-defense cases; reciprocal rule for defendant)
Commonwealth v. Flebotte, 417 Mass. 348 (Mass. 1994) (prejudicial-error considerations for limiting instructions)
Commonwealth v. King, 445 Mass. 217 (Mass. 2005) (instruction timing for first complaint testimony; contemporaneous and final charge)
People v. Lynch, 104 Ill. 2d 194 (Ill. 1984) (recognition of need for limiting purpose of prior-acts evidence)