Commonwealth v. CheskoAnnotate this Case
The Supreme Judicial Court affirmed Defendant's conviction of murder in the first degree on the theory of felony murder, with armed robbery as the predicate felony, holding that there was no prejudicial error in the proceedings below.
Specifically, the Supreme Judicial Court held (1) the trial judge did not err by not providing, sua sponte, an instruction on felony murder in the second degree; (2) the admission of Defendant's cell site location information did not result in a substantial likelihood of a miscarriage of justice; (3) the trial judge did not err in denying Defendant's motion to admit privileged psychiatric records; (4) there was no prejudicial error in the judge's decision prohibiting Defendant from eliciting certain testimony as hearsay on cross-examination; (5) the judge did not err in instructing the jury on inferences; (6) trial counsel provided effective assistance; and (7) there was no reason for the Court to exercise its authority under Mass. Gen. Laws ch. 278, 33E to reduce Defendant's verdict or order a new trial.