Legal Opinion

Commonwealth v. Avila

Massachusetts Supreme Judicial Court

Decided September 15, 2009PublishedCited by 79 opinions

1Opinion of the CourtBotsford, J.

A jury convicted the defendant, Hector Guerrero Avila, of murder in the first degree on the theories of premeditation and extreme atrocity or cruelty and possession of a firearm without a license. On appeal, the defendant argues that the judge erred (1) in admitting testimonial and documentary evidence that had been introduced by the Commonwealth to rebut a defense based on the allegedly inadequate police investigation (Bowden defense1); (2) in admitting evidence used by the Commonwealth to prove deliberate premeditation and extreme atrocity or cruelty; (3) in admitting evidence about the…

2Cases cited46 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Crawford v. WashingtonSupreme Court of the United States · 2004
  3. Melendez-Diaz v. MassachusettsSupreme Court of the United States · 2009
  4. United States v. SepulvedaCourt of Appeals for the First Circuit · 1993
  5. Commonwealth v. FlebotteMassachusetts Supreme Judicial Court · 1994

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3Cited by79 opinions

  1. State v. MaxwellOhio Supreme Court · 2014
  2. Commonwealth v. BarbosaMassachusetts Supreme Judicial Court · 2010
  3. Commonwealth v. McCowenMassachusetts Supreme Judicial Court · 2010
  4. Cuesta-Rodriguez v. StateCourt of Criminal Appeals of Oklahoma · 2010
  5. Commonwealth v. Pytou HeangMassachusetts Supreme Judicial Court · 2011

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