Commonwealth v. Ladetto

Commonwealth v. Peter J. Ladetto

Commonwealth v. Ladetto, 230 N.E.2d 914 (Mass. 1967)

Court: Massachusetts Supreme Judicial Court · State Highest Courts
Decided: November 1, 1967
Citations: 230 N.E.2d 914353 Mass. 7461967 Mass. LEXIS 983

Cited by 9 1 descriptions by later courts

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

The defendant was tried under G. L. c. 278, §§ 33A-33G, and convicted of armed robbery and assault with intent to rape. Throughout the trial, he was in handcuffs which were secured to a waist chain. The defendant’s brother, Louis Ladetto, the only defence witness, was also handcuffed. The assigned errors are the denial of the defendant’s motions that the shackles be removed from the defendant and his brother and the admission of records of prior convictions to impeach the credibility of the defendant. There was no error. Although it is desirable that prisoners appear before the jury unshackled, the sheriff is charged, under the supervision of the trial judge, with maintaining control over his prisoners. G. L. c. 126, § 16. The sheriff here advised that the manacles be used and the judge agreed. Both men had been convicted of murder and other crimes of violence. We find no abuse of discretion. See Commonwealth v. Millen, 289 Mass. 441, 477-478 , cert. den. sub nom. Millen v. Massachusetts, 295 U. S. 765 ; Commonwealth v. Agiasottelis, 336 Mass. 12, 16-17 ; Commonwealth v. Chase, 350 Mass. 738 , cert. den. sub nom. Chase v. Massachusetts, 385 U. S. 906 . The records of prior convictions were properly admitted under G. L. c. 233, § 21, with appropriate limiting instructions. The admission of this evidence has long been customary in this Commonwealth. See Commonwealth v. Walsh, 196 Mass. 369 ; Commonwealth v. Subilosky, 352 Mass. 153, 167 . There is no constitutional objection to it. See Spencer v. Texas, 385 U. S. 554, 563 .

Judgments affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(“it is desirable that prisoners appear before the jury unshackled”)

Commonwealth v. Wallis, 800 N.E.2d 699 (Mass. 2003)

Cited by 9 cases

View all citing references →

Relies on it most ⓘ

Commonwealth v. DiMarzo308 N.E.2d 538 (Mass. 1974)
Commonwealth v. Diaz417 N.E.2d 950 (Mass. 1981)
Commonwealth v. Boyd326 N.E.2d 320 (Mass. 1975)
Commonwealth v. Flynn287 N.E.2d 420 (Mass. 1972)
Subilosky v. Commonwealth265 N.E.2d 80 (Mass. 1970)
Commonwealth v. Parry306 N.E.2d 855 (Mass. App. Ct. 1974)

Most recent

Commonwealth v. Wallis800 N.E.2d 699 (Mass. 2003)
Commonwealth v. Diaz417 N.E.2d 950 (Mass. 1981)
Commonwealth v. Jakimenko380 N.E.2d 1317 (Mass. App. Ct. 1978)
Commonwealth v. Boyd326 N.E.2d 320 (Mass. 1975)
Commonwealth v. DiMarzo308 N.E.2d 538 (Mass. 1974)
Commonwealth v. Parry306 N.E.2d 855 (Mass. App. Ct. 1974)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 8

Depth	Case	Cited by
	Spencer v. Texas, 385 U.S. 554 (1966)	1,168
	Commonwealth v. Millen, 194 N.E. 463 (Mass. 1935)	100
	Commonwealth v. Subilosky, 224 N.E.2d 197 (Mass. 1967)	79
	Commonwealth v. Chase, 217 N.E.2d 195 (Mass. 1966)	29
	Commonwealth v. Agiasottelis, 142 N.E.2d 386 (Mass. 1957)	26
	Commonwealth v. Walsh, 82 N.E. 19 (Mass. 1907)	24
	Millen v. Massachusetts, 295 U.S. 765 (1935)	8
	Chase v. Massachusetts, 385 U.S. 906 (1966)	3

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