Commonwealth v. Smith

In June, 2001, a jury convicted the defendant of murder in the first degree1; in 2006, a judge, who was not the trial judge, denied the defendant’s motion for a new trial. The defendant makes several arguments on appeal, including that the judge erroneously admitted evidence of the defendant’s gang affiliation, introduced prejudicial evidence during his final jury instructions, and allowed the prosecutor’s peremptory challenge of a juror claimed to be transgendered or homosexual. He argues also that there was insufficient evidence to warrant his conviction as a joint venturer, that his only…