For Your Data Republic V. Matsos Illustration Brief

Commonwealth v. Matsos representative brief summary
657 N.E.2d 467 (1995)

CASE SYNOPSIS

Defendant sought review of the judgment from the District Court (Massachusetts), which convicted him nether the stalking statute, Mass. Gen. Laws ch. 265, § 43 (1992).

CASE FACTS
Defendant wrote many letters to the victim that were sexually explicit together with threatening together with which detailed events of her life of which accused should non convey had whatsoever knowledge. Defendant was charged amongst stalking the victim inwards violation of § 43.

DISCUSSION

• On appeal, the courtroom affirmed defendant's conviction. 
• The courtroom concluded that the amount together with content of the letters that accused sent to the victim allowed the jury to conclude that accused intended to house the victim inwards fearfulness of imminent bodily injury together with that the victim was afraid of defendant. 
• After defendant's conviction, § 43 was constitute to live on unconstitutionally vague. 
• Because accused did non challenge the constitutionality of § 43 at his trial, the courtroom could exclusively catch whether defendant's conviction nether the statute equally enacted, created a substantial lead a opportunity of a miscarriage of justice. 
• Regardless of the vagueness of portions of the statute, defendant's acquit was clearly prohibited harassment. 
• The statute gave the accused fair abide by that his repeated, obsessive behavior, which interfered amongst the victim's personal together with professional person lives, was prohibited.

CONCLUSION
The courtroom affirmed defendant's conviction nether the stalking statute.

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