Commonwealth v. Robinson

The defendant was convicted of murder in the first degree, and his convictions were affirmed on direct appeal. See Commonwealth v. McGrath, 358 Mass. 314 (1970). He has filed five motions for a new trial, in 1980, 1986, 1988, 1994, and 1999, all of which were denied. He petitioned for leave to appeal from the denial of each, except the 1986 motion. Leave to appeal was granted as to the 1988 motion, see Commonwealth v. Robinson, 408 Mass. 245 (1990) (denial of motion for new trial affirmed), and the 1999 motion, which is the subject of this appeal.

The defendant claims that the instruction on…