Attorney Quinn-Judge Wins Appeals of Criminal Conviction

Attorney Emma Quinn-Judge won an appeal of an assault and battery conviction in the Appeals Court. In Commonwealth v. Jeudin, the firm’s client was charged with strangulation. After the Commonwealth rested its case, Mr. Jeudin moved for–and the judge granted–a required finding of not guilty because the Commonwealth had not proved the elements of strangulation. The judge then reduced the charge to assault and battery, and the jury convicted the client of that charge.

On appeal, Attorney Quinn-Judge argued that reducing the charge to assault and battery was improper because it allowed the jury to convict Mr. Jeudin for conduct that he was not charged with in the complaint, that assault and battery has at least one element strangulation does not have, and that Mr. Jeudin was further prejudiced by this change in charge because it impacted the strategic decisions he had made with respect to his trial. The Appeals Court agreed, finding that the amendment of the charge let the jury convict the client for a crime that was not alleged in the complaint against him, based on different actions than those alleged in the complaint. The Appeals Court further found that this error prejudiced Mr. Jeudin, and reversed the judgment against him.