Commonwealth v. AlemanyAnnotate this Case
The Supreme Judicial Court affirmed Defendant's conviction of murder in the first degree on theories of deliberate premeditation, extreme atrocity or cruelty, felony-murder, and other offenses, holding that there was no prejudicial error in the proceedings below.
Specifically, the Supreme Judicial Court held (1) the judge's instructions on criminal responsibility contained an error of law, but the error did not rise to the level of a substantial likelihood of miscarriage of justice; (2) the prosecutor's remarks during opening statement and closing argument did not create a substantial likelihood of a miscarriage of justice; (3) the motion judge did not err in denying Defendant's request for a hearing and his motion for a new trial; and (4) no relief was warranted under Mass. Gen. Laws ch. 278, 33E.