Legal Opinion

Commonwealth v. Lopes

Massachusetts Supreme Judicial Court

Decided January 22, 2004PublishedCited by 34 opinions

1Opinion of the CourtGreaney, J.

A jury in the Superior Court convicted the defendant of murder in the first degree by reason of deliberate premeditation. Represented by new counsel, the defendant now argues that a new trial is required because the judge (1) refused to pose a collective question to the venire as to whether they, or a family member, had ever been a victim of a violent crime, and (2) failed to instruct the jury, sua sponte, on the use of non-deadly force in self-defense. We reject these arguments. We also conclude that there is no basis to exercise our power pursuant to G. L. c. 278, § 33E, to order a new…

2Cases cited29 opinions

  1. Commonwealth v. FlebotteMassachusetts Supreme Judicial Court · 1994
  2. United States v. David T. DellingerCourt of Appeals for the Seventh Circuit · 1973
  3. Commonwealth v. HarringtonMassachusetts Supreme Judicial Court · 1980
  4. Commonwealth v. LeFaveMassachusetts Supreme Judicial Court · 1999
  5. Commonwealth v. PikeMassachusetts Supreme Judicial Court · 1998

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

3Cited by34 opinions

  1. Commonwealth v. LaoMassachusetts Supreme Judicial Court · 2005
  2. Commonwealth v. McCoyMassachusetts Supreme Judicial Court · 2010
  3. Commonwealth v. SilvaMassachusetts Supreme Judicial Court · 2009
  4. Commonwealth v. AndradeMassachusetts Supreme Judicial Court · 2014
  5. Commonwealth v. EntwistleMassachusetts Supreme Judicial Court · 2012

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

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