Commonwealth v. Ruiz

A jury convicted the defendant of murder in the first degree on a theory of extreme atrocity or cruelty,1 and of assault with intent to kill. A judge who was not the trial judge denied the defendant’s motion for a new trial. Represented by new counsel on appeal, the defendant argues error in (1) the admission of certain trial testimony; (2) the prosecutor’s closing *828argument; and (3) the judge’s instructions to the jury. He also argues that he was deprived of his constitutional rights of self-representation and the effective assistance of trial counsel. Finally, the defendant seeks relief…