Legal Opinion
Commonwealth v. Fitzpatrick
Massachusetts Supreme Judicial Court
Decided October 24, 2012PublishedCited by 26 opinions
1Opinion of the CourtDuffly, J.
After a mistrial at which the jury were deadlocked, the defendant was retried and convicted of two indictments charging murder in the first degree on a theory of deliberate premeditation.1 On appeal, the defendant claims that his motion to dismiss the indictments, filed before retrial, should have been allowed because the Commonwealth had not presented legally sufficient evidence at his first trial; a second trial in these circumstances, he contends, violated constitutional and common-law prohibitions against double jeopardy. The defendant argues further that the Commonwealth’s evidence at…
2Cases cited45 opinions
- Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979
- Commonwealth v. BowdenMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. CasaleMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. Silva-SantiagoMassachusetts Supreme Judicial Court · 2009
- Commonwealth v. BonomiMassachusetts Supreme Judicial Court · 1957
40 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Commonwealth v. WoodsMassachusetts Supreme Judicial Court · 2014
- Commonwealth v. HooseMassachusetts Supreme Judicial Court · 2014
- Commonwealth v. CamachoMassachusetts Supreme Judicial Court · 2015
- Commonwealth v. RosaMassachusetts Supreme Judicial Court · 2014
- Commonwealth v. BresillaMassachusetts Supreme Judicial Court · 2015
21 more not listed; retrieve them via the Exa API.