Commonwealth v. LeivaAnnotate this Case
The Supreme Judicial Court affirmed Defendant's convictions for murder in the first degree and felony murder and declined to exercise its authority to reduce or set aside the murder verdict, holding that the record revealed no basis to support relief under Mass. Gen. Laws ch. 278, 33E.
Specifically, the Supreme Judicial Court held (1) there was no error, constitutional or otherwise, regarding the manner in which defense counsel and the trial judge invoked Mass. R. Prof. C. 3.3 (e), as appearing in 471 Mass. 1416 (2015), and related procedures approved in Commonwealth v. Mitchell, 438 Mass. 535 (2003); (2) the trial court did not err by allowing the testimony of a substitute medical examiner; (3) the trial judge's failure to sever Defendant's trial from that of his codefendant did not result in prejudicial error; and (4) Defendant's conviction of and sentencing for both felony-murder, with attempted armed robbery as the predicate felony, and armed assault with the intent to
rob did not violate the double jeopardy clause of the Fifth Amendment.