Commonwealth v. Ortega
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The Supreme Judicial Court vacated Defendant’s conviction of murder in the first degree on the theory of deliberate premeditation, holding that the judge erred by declining to require an explanation for the prosecutor’s preemptory challenge to a female African-American member of the venire and erred in declining to give Defendant’s requested jury instructions on self-defense and voluntary manslaughter.
The shooting that led to the fatality in this case was precipitated by a drug turf war. At the close of the evidence Defendant requested that the jury be instructed on self-defense and voluntary manslaughter, but the request was denied. The Supreme Judicial Court reversed, holding (1) the trial judge abused her discretion by declining to require the prosecutor to provide and adequate and genuine race-neutral reason for Defendant’s peremptory challenge to the juror at issue; and (2) considered in the light most favorable to Defendant, the evidence warranted instructions on self-defense and voluntary manslaughter based on the theory of excessive use of force in self-defense.
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