Commonwealth v. Thompson

The defendant appeals from convictions of unarmed robbery and of being a habitual criminal. He claims that his unarmed robbery conviction ought to be reversed because the evidence against him was the tainted fruit of an unlawful stop by the police, and the robbery victims’ identifications of him violated his due process rights. The defendant also challenges the habitual criminal conviction on the grounds that the judge abused her discretion under G. L. c. 278, § 11 A, in refusing to empanel a new jury to try the habitual criminal indictment, and that his ensuing jury waiver was ineffective…