Legal Opinion

Commonwealth v. Nieves

Massachusetts Supreme Judicial Court

Decided June 21, 1999PublishedCited by 42 opinions

1Opinion of the CourtLynch, J.

The defendant was convicted of murder in the first degree by reason of extreme atrocity or cruelty, and felony-*764murder.1 On appeal, the defendant claims that (1) the trial judge erred in failing to give the jury a “humane practice” instruction, sua sponte; (2) the judge improperly denied his motion for a new trial based on ineffective assistance of counsel; (3) defense counsel rendered ineffective assistance; and (4) the judge erred in admitting a photograph of the victim’s body. Additionally, he requests that we exercise our power under G. L. c. 278, § 33E, to reduce his conviction or to set…

2Cases cited24 opinions

  1. Commonwealth v. WrightMassachusetts Supreme Judicial Court · 1992
  2. Commonwealth v. TavaresMassachusetts Supreme Judicial Court · 1982
  3. Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
  4. Commonwealth v. MelloMassachusetts Supreme Judicial Court · 1995
  5. Commonwealth v. PaszkoMassachusetts Supreme Judicial Court · 1984

19 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Commonwealth v. RandolphMassachusetts Supreme Judicial Court · 2002
  2. Commonwealth v. WatsonMassachusetts Supreme Judicial Court · 2000
  3. Commonwealth v. MavredakisMassachusetts Supreme Judicial Court · 2000
  4. Commonwealth v. BrittoMassachusetts Supreme Judicial Court · 2001
  5. Commonwealth v. ClementeMassachusetts Supreme Judicial Court · 2008

37 more not listed; retrieve them via the Exa API.

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