Legal Opinion

Commonwealth v. Tirado

Massachusetts Appeals Court

Decided February 24, 2006No. 04-P-894PublishedCited by 9 opinions

1Opinion of the CourtCowin, J.

A jury convicted the defendant, Robert Tirado, of murder in the second degree. On appeal, he contends that the judge erred in denying his request for a self-defense instruction. We conclude that there was no view of the evidence that could have created a reasonable doubt on the part of the jury that the defendant acted in self-defense, and that therefore a self-defense instruction was not warranted. Accordingly, we affirm.

1. Material facts and testimony. The jury could permissibly have found the following. On February 15, 2001, the defendant spent the evening at his home in New Bedford…

2Cases cited15 opinions

  1. Commonwealth v. CurtisMassachusetts Supreme Judicial Court · 1994
  2. Commonwealth v. PikeMassachusetts Supreme Judicial Court · 1998
  3. Commonwealth v. KendrickMassachusetts Supreme Judicial Court · 1966
  4. Commonwealth v. CarrionMassachusetts Supreme Judicial Court · 1990
  5. Commonwealth v. BerryMassachusetts Supreme Judicial Court · 2000

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3Cited by9 opinions

  1. State v. RudolfoNew Mexico Supreme Court · 2008
  2. Marshall v. Bristol Superior CourtCourt of Appeals for the First Circuit · 2014
  3. Commonwealth v. PasteurMassachusetts Appeals Court · 2006
  4. Commonwealth v. RodriguezMassachusetts Supreme Judicial Court · 2010
  5. Commonwealth v. GaynorMassachusetts Appeals Court · 2008

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

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