Legal Opinion
Commonwealth v. Smith
Massachusetts Supreme Judicial Court
Decided August 3, 2011PublishedCited by 28 opinions
1Opinion of the CourtSpina, J.
The defendant was convicted in 1995 of murder in the first degree on the theory of extreme atrocity or cruelty. That conviction was affirmed on appeal. See Commonwealth v. Smith, 426 Mass. 76 (1997). In 2009, the defendant filed a motion for a new trial that challenged, inter alia, the instruction on extreme atrocity or cruelty, and the instruction on reasonable provocation as it relates to both murder and manslaughter. The judge, who also was the trial judge, did not think the issues had *319been carefully considered on plenary review under G. L. c. 278, § 33E, and granted the motion for a new…
2Cases cited41 opinions
- Commonwealth v. WrightMassachusetts Supreme Judicial Court · 1992
- Commonwealth v. RandolphMassachusetts Supreme Judicial Court · 2002
- Commonwealth v. AmiraultMassachusetts Supreme Judicial Court · 1997
- Commonwealth v. CunneenMassachusetts Supreme Judicial Court · 1983
- Commonwealth v. CiampaMassachusetts Supreme Judicial Court · 1989
36 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Commonwealth v. BarbosaMassachusetts Supreme Judicial Court · 2012
- Costa v. HallCourt of Appeals for the First Circuit · 2012
- Commonwealth v. BollingMassachusetts Supreme Judicial Court · 2012
- Commonwealth v. TassinariMassachusetts Supreme Judicial Court · 2013
- Commonwealth v. GonzalezMassachusetts Supreme Judicial Court · 2013
23 more not listed; retrieve them via the Exa API.