Commonwealth v. Alleyne

The defendant, Kyle Alleyne, was convicted by a jury of murder in the first degree on the theory of extreme atrocity or cruelty 1 for the stabbing death of his wife, Heather Alleyne, and of assault and battery of Josh Elinoff, the father of the victim’s newborn baby. 2 On appeal, the defendant challenges: (1) the judge’s failure to conduct a voir dire of an inattentive juror; (2) evidentiary rulings allowing the admission of numerous autopsy photographs, statements of the defendant, and the victim’s purse; (3) the judge’s modification of jury instructions pursuant to Commonwealth v.…