Legal Opinion
Commonwealth v. Trinh
Massachusetts Supreme Judicial Court
Decided January 31, 2011PublishedCited by 36 opinions
1Opinion of the CourtBotsford, J.
A jury in the Superior Court convicted the defendant of murder in the first degree on a theory of deliberate premeditation and of unlawful possession of a firearm.2 On appeal, the defendant argues that reversal of the murder conviction3 is warranted because (1) the consciousness of guilt instruction was improper; (2) the judge failed to instruct on the lesser included offense of voluntary manslaughter; (3) that failure, combined with the judge’s instruction that malice could be presumed based on evidence of the use of a firearm, impermissibly relieved the Commonwealth of its burden of proving…
2Cases cited35 opinions
- Francis v. FranklinSupreme Court of the United States · 1985
- Commonwealth v. GrandisonMassachusetts Supreme Judicial Court · 2001
- Commonwealth v. ToneyMassachusetts Supreme Judicial Court · 1982
- Commonwealth v. WaldenMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. WilsonMassachusetts Supreme Judicial Court · 1998
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3Cited by36 opinions
- Commonwealth v. TranMassachusetts Supreme Judicial Court · 2011
- Commonwealth v. YoungMassachusetts Supreme Judicial Court · 2012
- Commonwealth v. BurgosMassachusetts Supreme Judicial Court · 2012
- Commonwealth v. BresillaMassachusetts Supreme Judicial Court · 2015
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 2012
31 more not listed; retrieve them via the Exa API.