Commonwealth v. Butler

I concur with the majority opinion in every respect but would add that the Supreme Judicial Court *609conducted a mandatory § 33E review of codefendant William Wood’s conviction of murder in the first degree. See Commonwealth v. Wood, 469 Mass. 266, 295 (2014). The codefendants, at trial, conducted their defense in unison. They joined in each other’s objections and each other’s arguments, and as a result, I believe that the G. L. c. 278, § 33E, review should have preclusive effect on the Batson1 claim of constitutional error made by defendant Butler in this appeal.

Generally, when a party appeals…