Commonwealth v. CastanoAnnotate this Case
The Supreme Judicial Court affirmed Defendant’s convictions for murder in the first degree on a theory of deliberate premeditation and of unlawful possession of a firearm and declined to exercise its authority under Mass. Gen. Laws ch. 278, 33E to reduce the conviction to murder in the second degree. The court held (1) the trial court erred in denying Defendant’s motion to suppress, but Defendant was not prejudiced by the error; (2) the trial judge properly admitted statements of the victim under the state-of-mind exception to the hearsay rule; (3) the Commonwealth’s ballistics expert was competent to testify about the trajectory of the shot that killed the victim; and (4) Defendant received effective assistance of counsel.