Commonwealth v. BarbosaAnnotate this Case
The Supreme Judicial Court affirmed the judgment of the trial court convicting Defendant of murder in the first degree and declined to grant relief pursuant to Mass. Gen. Laws ch. 278, 33E. The court held (1) the Commonwealth presented sufficient evidence to support Defendant’s conviction; (2) the judge did not abuse her discretion in admitting gang opinion testimony; (3) the prosecutor’s opening statement and closing argument were proper; (4) the judge did not allow inadmissible statements that unfairly bolstered the Commonwealth’s theory of gang retaliation or improper interpretive testimony from the lead homicide detective; (5) Defendant’s assertion that trial counsel was ineffective was unavailing; and (6) Defendant’s argument that the motion judge erred in denying Defendant’s motion to dismiss indictments because the Commonwealth failed to establish probable cause to believe that Defendant committed the victim’s murder had no merit.