Commonwealth v. Rodriguez

The defendant appeals from his conviction of murder in the first degree on the theory of extreme atrocity or cruelty. He *362contends that (1) he did not knowingly, intelligently, and voluntarily waive his Miranda rights; (2) the judge impermissibly relied on extraneous evidence in concluding that his confession was voluntary; (3) the judge improperly instructed the jury on the Commonwealth’s burden to prove that the confession was voluntary; and (4) the judge improperly admitted prior bad acts evidence. He also asks that we exercise our power under G. L. c. 278, § 33E, and reduce the verdict to…