O'Laughlin v. O'Brien

Filing 920090807

Opinion

var gAgent = navigator.userAgent.toLowerCase()
var gWindows = ( (gAgent.indexOf( "win" ) != -1 ) || ( gAgent.indexOf( "16bit" ) != -1 ) )
var gIE = ( gAgent.indexOf( "msie" ) != -1 )
var bInlineFloats = ( gWindows && gIE && ( parseInt( navigator.appVersion ) >= 4 ) )
var floatwnd = 0

var WPFootnote1 = 'Of the Tenth Circuit, sitting by designation.\
'

var WPFootnote2 = 'The term "reasonable speculation" contains an inherent\
conflict. Recognizing that a conclusion rests on speculation\
suggests that the inferences upon which it is based are\
unreasonable.\
'

var WPFootnote3 = 'The dichotomy drawn by the panel between circumstantial and\
direct evidence is questionable. Convictions often rest on\
inferences which are drawn from direct testimony, as well as\
circumstantial evidence.\
'

var WPFootnote4 = 'The result of this case -- a federal appeals court\
reversing the state\'s highest court on the question of evidentiary\
sufficiency in a criminal prosecution -- is also surprising given\
the SJC\'s historically favorable treatment of criminal defendants. \
Indeed, the SJC often extends criminal defendants greater\
protections than those required under the federal Constitution. \
See, e.g., Commonwealth v. Gomes, 903 N.E.2d 567 (Mass. 2009)\
(limiting the police\'s power to pat frisk suspected drug dealers\
for weapons); Commonwealth v. Mavredakis, 725 N.E.2d 169 (Mass.\
2000) (holding that the police have a duty to inform a criminal\
defendant of his lawyer\'s efforts to contact him).\
'

var WPFootnote5 = 'The prosecution argued that O\'Laughlin came outside wearing\
only boxer shorts on such a cold night because he had stripped off\
his bloody clothes just before the police arrived. After the\
police left that night, O\'Laughlin had several hours during which\
he could have disposed of any bloody clothing and any weapon before\
the police returned the next morning.\
'

var WPFootnote6 = 'We also note that the Massachusetts Appeals Court, while\
admittedly applying a different standard on direct review,\
overturned O\'Laughlin\'s conviction, concluding that there was\
insufficient evidence to support the jury\'s verdict.\
'

function WPShow( WPid, WPtext )
{
if( bInlineFloats )
eval( "document.all." + WPid + ".style.visibility = 'visible'" );
else
{
if( floatwnd == 0 || floatwnd.closed )
floatwnd = window.open( "", "comment", "toolbars=0,width=600,height=200,resizable=1,scrollbars=1,dependent=1" );
floatwnd.document.open( "text/html", "replace" );
floatwnd.document.write( "\r\n" );
floatwnd.document.write( " p { margin-top:0px; margin-bottom:1px; } \r\n" );
floatwnd.document.write( "\r\n" );
floatwnd.document.write( WPtext );
floatwnd.document.write( 'Close');
floatwnd.document.write( "