Legal Opinion
Commonwealth v. Berry
Massachusetts Supreme Judicial Court
Decided August 23, 2010No. SJC-10397PublishedCited by 21 opinions
1Opinion of the CourtSpina, J.
The defendant was convicted of murder in the first degree on a theory of extreme atrocity or cruelty. The victim was an acquaintance. The defendant appeals from her convic tion, arguing that the judgment should be reversed because the judge’s instruction failed to inform the jury that the defendant was not criminally responsible if her use of alcohol activated her mental illness, and the instruction was prejudicially tilted in favor of the Commonwealth; and that this court should exercise its power under G. L. c. 278, § 33E, to grant the defendant a new trial or reduce the degree of guilt to…
2Cases cited18 opinions
- Commonwealth v. WrightMassachusetts Supreme Judicial Court · 1992
- Commonwealth v. McHoulMassachusetts Supreme Judicial Court · 1967
- Commonwealth v. ShelleyMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. FarrellMassachusetts Supreme Judicial Court · 1948
- Commonwealth v. SheehanMassachusetts Supreme Judicial Court · 1978
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Commonwealth v. WardsworthMassachusetts Supreme Judicial Court · 2019
- Commonwealth v. JohnstonMassachusetts Supreme Judicial Court · 2014
- Commonwealth v. DiPadovaMassachusetts Supreme Judicial Court · 2011
- Commonwealth v. BerryMassachusetts Supreme Judicial Court · 2014
- Commonwealth v. ToolanMassachusetts Supreme Judicial Court · 2011
16 more not listed; retrieve them via the Exa API.