Legal Opinion
Commonwealth v. Vizcarrondo
Massachusetts Supreme Judicial Court
Decided May 7, 1998PublishedCited by 57 opinions
1Opinion of the CourtAbrams, J.
The defendant, Ramon Luis Vizcarrondo, appeals from his conviction of murder in the first degree by reason of extreme atrocity or cruelty. He alleges that he is entitled to a new trial because of incorrect jury instructions on the third prong of malice. He argues that there is a substantial likelihood of a miscarriage of justice1 because the instructions permitted a reasonable juror to infer malice on less than a plain and strong likelihood of death. We agree. Although we have not previously reversed a conviction for murder in the first degree on the ground urged by the defendant, we have…
2Cases cited34 opinions
- Burks v. United StatesSupreme Court of the United States · 1978
- Yates v. United StatesSupreme Court of the United States · 1957
- Carella v. CaliforniaSupreme Court of the United States · 1989
- Commonwealth v. WelanskyMassachusetts Supreme Judicial Court · 1944
- Commonwealth v. MelloMassachusetts Supreme Judicial Court · 1995
29 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Commonwealth v. AzarMassachusetts Supreme Judicial Court · 2002
- Commonwealth v. FreemanMassachusetts Supreme Judicial Court · 1999
- Commonwealth v. VizcarrondoMassachusetts Supreme Judicial Court · 2000
- Commonwealth v. BoatengMassachusetts Supreme Judicial Court · 2003
- Commonwealth v. AuclairMassachusetts Supreme Judicial Court · 2005
52 more not listed; retrieve them via the Exa API.