Commonwealth v. Niemic

On October 20, 2010, the defendant stabbed the victim six times with a small folding pocket knife, killing him. The Commonwealth’s theory of motive was that both men had been vying for the affection of the same woman. The primary dispute at trial was whether the victim was the first aggressor, whether the defendant acted in self-defense, and who first had possession of the knife. The jury convicted the defendant of murder in the first degree on a theory of extreme atrocity or cruelty. On appeal the defendant asserts error by trial counsel, by the prosecutor, and by the judge. He claims that…