Commonwealth v. Tillis
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The Supreme Judicial Court affirmed Defendant's convictions for murder in the first degree and related charges and the order denying Defendant's motion for a new trial, holding that the trial judge did not err in denying Defendant's request that the jury be instructed on withdrawal from a joint venture.
Specifically, the Supreme Court held (1) Defendant was not entitled to an instruction on withdrawal from a joint venture; (2) Defendant was not deprived of the effective assistance of counsel when counsel did not request a supplemental jury instruction to further explain the Commonwealth's burden to prove that the killing occurred during the course of the underlying felony and when counsel did not object to a portion of the prosecutor's closing argument; and (3) this Court declines to exercise its authority under Mass. Gen. Laws ch. 278, § 33E to reduce the murder conviction to murder in the second degree.
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