Legal Opinion

Commonwealth v. Lapage

Massachusetts Supreme Judicial Court

Decided December 12, 2001PublishedCited by 26 opinions

1Opinion of the CourtGreaney, J.

A jury in the Superior Court convicted the defendant of murder in the first degree on theories of deliberate *481premeditation and extreme atrocity or cruelty. Represented by a new attorney, the defendant filed a motion for a new trial. The judge assigned to the motion (the trial judge having retired) took no action on it, leaving the defendant’s claims for us to decide on this direct appeal. See Commonwealth v. Erdely, 430 Mass. 149, 150 (1999). We conclude that portions of the jury instructions concerning voluntary manslaughter were erroneous and posed a substantial likelihood of a miscarriage…

2Cases cited15 opinions

  1. Commonwealth v. BowdenMassachusetts Supreme Judicial Court · 1980
  2. Commonwealth v. TorresMassachusetts Supreme Judicial Court · 1995
  3. Commonwealth v. RosaMassachusetts Supreme Judicial Court · 1996
  4. Commonwealth v. NealMassachusetts Supreme Judicial Court · 1984
  5. Commonwealth v. AcevedoMassachusetts Supreme Judicial Court · 1998

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3Cited by26 opinions

  1. Commonwealth v. AcevedoMassachusetts Supreme Judicial Court · 2006
  2. Commonwealth v. ColonMassachusetts Supreme Judicial Court · 2007
  3. Commonwealth v. BoatengMassachusetts Supreme Judicial Court · 2003
  4. Commonwealth v. BrumMassachusetts Supreme Judicial Court · 2004
  5. Commonwealth v. CaillotMassachusetts Supreme Judicial Court · 2009

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

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