Commonwealth v. LessieurAnnotate this Case
The Supreme Judicial Court affirmed the order of the superior court judge denying Defendant's motion for a new trial, holding that the judge did not err because the motion did not raise any error that suggested a miscarriage of justice at the original trial or that otherwise indicated a need for a new trial.
Defendant was convicted of murder in the first degree. The convictions were affirmed on direct appeal. Defendant later filed a motion for postconviction testing of blood found in the snow under the victim's head, and the results of DNA testing showed the presence of DNA that was neither the victim's nor Defendant's. Defendant then filed a second motion for a new trial stemming from the new DNA results, as well as a new affidavit from a potential witness. The superior court judge denied the motion without a hearing. The Supreme Judicial Court affirmed, holding that the motion judge did not err in denying Defendant's motion for a new trial.