Commonwealth v. Povez

Charged with murder in the first degree, the defendant, Janleer Povez, was found guilty of murder in the second degree.1 He appeals, claiming error in (1) the allowance of a peremptory challenge of a prospective Hispanic juror; (2) the judge’s failure to order, sua sponte, a competency examination; and (3) the instructions provided to the jury.2 As we are *661constrained to agree with the defendant on his first claim, we reverse.

Facts. On April 21, 2008, Jack McGuire was a victim of a drug deal gone wrong. That morning, shortly after midnight, McGuire went to an area known for drug dealing, a…