Legal Opinion
Commonwealth v. Smith
Massachusetts Appeals Court
Decided September 15, 2016No. AC 15-P-413PublishedCited by 2 opinions
1Opinion of the CourtCarhart, J.
The defendant appeals from the denial of his motion for a new trial without an evidentiary hearing. Because we conclude that the defendant has raised several substantial issues, we remand the case to the Superior Court for an evidentiary hearing.
Background. 1. The trial. On August 18, 2006, the defendant was convicted by a Suffolk County Superior Court jury of armed home invasion, armed assault with intent to murder, and unlawful possession of a firearm (the Suffolk County case). His convictions were affirmed on appeal. Commonwealth v. Smith, 75 Mass. App. Ct. 196 (2009) (Smith I), S.C., 458…
2Cases cited18 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Commonwealth v. GraceMassachusetts Supreme Judicial Court · 1986
- Commonwealth v. RandolphMassachusetts Supreme Judicial Court · 2002
- Owens v. United StatesCourt of Appeals for the First Circuit · 2007
- Commonwealth v. BorodineMassachusetts Supreme Judicial Court · 1976
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3Cited by2 opinions
- COMMONWEALTH v. DENZEL MCFARLANE.Massachusetts Appeals Court · 2023
- Commonwealth v. Donovan E. GoparianMassachusetts Supreme Judicial Court · 2025