Legal Opinion
Commonwealth v. Riley
Massachusetts Appeals Court
Decided February 23, 2009No. 08-P-518PublishedCited by 12 opinions
1Opinion of the CourtGrasso, J.
A grand jury returned indictments charging Michael Riley and Carolyn Riley with murder in connection with the death of their four year old daughter, Rebecca. On motion of the defendants pursuant to Commonwealth v. McCarthy, 385 *722Mass. 160, 163 (1982), a Superior Court judge dismissed so much of each indictment as alleged murder in the first degree and, as to the remaining charge of murder in the second degree, precluded the Commonwealth from proceeding at trial on theories of first prong and second prong malice.2 The Commonwealth appeals.3 We reverse and remand to the Superior Court for trial.
T…
2Cases cited24 opinions
- Commonwealth v. McCarthyMassachusetts Supreme Judicial Court · 1982
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- Commonwealth v. CasaleMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. O'DELLMassachusetts Supreme Judicial Court · 1984
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
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3Cited by12 opinions
- Commonwealth v. BellMassachusetts Appeals Court · 2013
- Commonwealth v. LopezMassachusetts Appeals Court · 2011
- Commonwealth v. RosarioMassachusetts Appeals Court · 2013
- Commonwealth v. HydeMassachusetts Appeals Court · 2015
- Commonwealth v. FernandesMassachusetts Supreme Judicial Court · 2019
7 more not listed; retrieve them via the Exa API.