Commonwealth v. Cassino
Annotate this CaseAfter a jury trial, Defendant was convicted of murder in the first degree on theories of deliberate premeditation and extreme atrocity or cruelty. The Supreme Judicial Court affirmed Defendant’s convictions and discerned no basis to exercise is authority pursuant to Mass. Gen. Laws ch. 278, 33E, holding (1) the trial judge did not err in denying Defendant’s three motions to suppress evidence stemming from the search of Defendant's clothing and shoes that were stored in a secured area while he was civilly committed for drug treatment; (2) there was no error in the presentation of DNA evidence; (3) the trial judge’s failure to give a diminished capacity instruction did not create a substantial likelihood of a miscarriage of justice; and (4) the trial judge did not abuse his discretion in making a juror bias determination.
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