Legal Opinion
Commonwealth v. Russell
Massachusetts Supreme Judicial Court
Decided May 8, 2003PublishedCited by 29 opinions
1Opinion of the CourtSosman, J.
The defendant was convicted of murder in the second degree, and his conviction was affirmed on direct appeal. Commonwealth v. Russell, 38 Mass. App. Ct. 199 (1995). Represented by new counsel, the defendant moved for a new trial on the ground that the judge had erroneously instructed the jury with respect to the third prong of malice, allowing them to *341find malice based on a plain and strong likelihood of mere grievous bodily harm as opposed to a likelihood of death. See Commonwealth v. Azar, 435 Mass. 675, 682-684 (2002); Commonwealth v. Vizcarrondo, 427 Mass. 392, 395-396 (1998), S.C., 431…
2Cases cited20 opinions
- Commonwealth v. RandolphMassachusetts Supreme Judicial Court · 2002
- Commonwealth v. MelloMassachusetts Supreme Judicial Court · 1995
- Commonwealth v. AzarMassachusetts Supreme Judicial Court · 2002
- Commonwealth v. GreyMassachusetts Supreme Judicial Court · 1987
- Commonwealth v. SiresMassachusetts Supreme Judicial Court · 1992
15 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Commonwealth v. AcevedoMassachusetts Supreme Judicial Court · 2006
- Commonwealth v. PhinneyMassachusetts Supreme Judicial Court · 2006
- Commonwealth v. EarleMassachusetts Supreme Judicial Court · 2010
- Commonwealth v. NovoMassachusetts Supreme Judicial Court · 2007
- Commonwealth v. PhimMassachusetts Supreme Judicial Court · 2012
24 more not listed; retrieve them via the Exa API.