Commonwealth v. RutherfordAnnotate this Case
After a jury trial, Defendant was convicted of murder in the first degree on theories of deliberate premeditation and felony-murder. The Supreme Judicial Court affirmed the conviction and declined to grant relief under Mass. Gen. Laws ch. 278, 33E, holding (1) portions of the prosecutor’s closing argument were improper, but the impermissible statements, in the context of the entire argument, did not require a new trial; and (2) the trial judge did not abuse her discretion by allowing the prosecutor to introduce evidence of uncharged misconduct by Defendant for a nonpropensity purpose, and the probative value of the uncharged misconduct evidence outweighed the risk of unfair prejudice.