Commonwealth v. JenksAnnotate this Case
The Supreme Judicial Court held that Defendant did not meet the threshold under Mass. Gen. Laws ch. 278A, 3 to be entitled to a hearing on his motions for postconviction forensic testing.
Defendant was convicted of premeditated murder on a theory of transferred intent based on evidence that Defendant shot at particular individuals with the intent to kill them, killing the victim. Defendant filed a motion for postconviction testing and analysis of ballistics evidence, arguing that there may have been more than one firearm present at the incident. The motion judge denied the motion without a hearing. Defendant then field a renewed motion to permit testing of ballistics evidence. The judge denied the motion. The Supreme Judicial Court affirmed, holding that Defendant did not satisfy the preliminary showing under Mass. Gen. Laws ch. 278A, 3 such that he was entitled to a hearing on his motions for postconviction forensic testing.