Legal Opinion

Commonwealth v. O'Brien

Massachusetts Supreme Judicial Court

Decided October 18, 2000PublishedCited by 46 opinions

1Opinion of the CourtSpina, J.

The defendant was convicted of murder in the first degree under a theory of extreme atrocity or cruelty. On appeal he claims error in (1) our order removing the District Court judge originally assigned to preside over his transfer hearing; (2) the transfer judge’s findings; (3) the failure to suppress his statements and certain physical evidence; (4) the exclusion of third-party culprit evidence; (5) the admission of evidence of the defendant’s state of mind; (6) the refusal to give a “humane practice” instruction; (7) the refusal to give an instruction in accordance with Commonwealth v.…

2Cases cited34 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Commonwealth v. WrightMassachusetts Supreme Judicial Court · 1992
  3. Commonwealth v. TavaresMassachusetts Supreme Judicial Court · 1982
  4. Commonwealth v. BowdenMassachusetts Supreme Judicial Court · 1980
  5. Commonwealth v. BradshawMassachusetts Supreme Judicial Court · 1982

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3Cited by46 opinions

  1. Fortini v. MurphyCourt of Appeals for the First Circuit · 2001
  2. Commonwealth v. Silva-SantiagoMassachusetts Supreme Judicial Court · 2009
  3. Yeboah-Sefah v. FiccoCourt of Appeals for the First Circuit · 2009
  4. Commonwealth v. SimpsonMassachusetts Supreme Judicial Court · 2001
  5. Commonwealth v. LaoMassachusetts Supreme Judicial Court · 2011

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

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