Commonwealth v. WilkersonAnnotate this Case
The Supreme Judicial Court affirmed Defendant's conviction of murder in the first degree on a theory of deliberate premeditation and an attempt to suborn perjury and declined to exercise its extraordinary authority under Mass. Gen. Laws ch. 278, 33 E to order a new trial or to reduce the degree of guilt, holding that no prejudicial error occurred in the proceedings below.
Specifically, the Supreme Judicial Court held (1) the evidence was sufficient to support Defendant's conviction; (2) the trial court did not err in denying Defendant's motion to suppress cell site location data and admitting that data at trial; (3) the trial judge did not abuse his discretion in allowing into evidence out-of-court statements by Defendant's alleged coventurer and in excluding other evidence concerning that coventurer; (4) the trial judge did not abuse his discretion by allowing the charges against Defendant to be joined for trial; (5) the trial judge did not commit prejudicial error by not giving "missing witness" and Bowden instructions; and (6) improprieties in the prosecutor's closing argument did not create a substantial likelihood of a miscarriage of justice. In addition, the Supreme Judicial Court discerned no reason to order a new trial or to reduce the degree of guilt under Mass. Gen. Laws ch. 278, 33E.