Legal Opinion
Commonwealth v. Diatchenko
Massachusetts Supreme Judicial Court
Decided December 8, 1982PublishedCited by 23 opinions
1Opinion of the CourtHennessey, C.J.
The defendant, Gregory Diatchenko, was convicted of murder in the first degree by a jury in the Superior Court in Suffolk County and sentenced, pursuant to G. L. c. 265, § 2, to the mandatory term of life imprisonment without the possibility of parole. On appeal, the defendant contends that G. L. c. 265, § 2, is unconstitutional under the United States and Massachusetts Constitutions, because it requires a mandatory term of life imprisonment without the possibility of parole and does not allow the trial judge to consider mitigating factors prior to sentencing. He also argues that the trial…
2Cases cited32 opinions
- Lockett v. OhioSupreme Court of the United States · 1978
- Eddings v. OklahomaSupreme Court of the United States · 1982
- Woodson v. North CarolinaSupreme Court of the United States · 1976
- Rummel v. EstelleSupreme Court of the United States · 1980
- Commonwealth v. SaferianMassachusetts Supreme Judicial Court · 1974
27 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Diatchenko v. District Attorney for the Suffolk DistrictMassachusetts Supreme Judicial Court · 2013
- Commonwealth v. BrittoMassachusetts Supreme Judicial Court · 2001
- Commonwealth v. TuittMassachusetts Supreme Judicial Court · 1985
- Diatchenko v. District Attorney for the Suffolk District Commonwealth v. RoberioMassachusetts Supreme Judicial Court · 2015
- Commonwealth v. FernetteMassachusetts Supreme Judicial Court · 1986
18 more not listed; retrieve them via the Exa API.