Commonwealth v. Gibson
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The Supreme Judicial Court affirmed Defendant's conviction for murder in the first degree on theories of deliberate premeditation and extreme atrocity or cruelty and the denial of his motion for a new trial, holding that there was no prejudicial error or reason to grant relief under Mass. Gen. Laws ch. 278, 33E.
In his motion for a new trial, Defendant asserted that he located a newly available witness who would provide impeachment evidence against one of the Commonwealth's key witnesses. The motion judge denied the motion. Defendant appealed, arguing, among other things, that the judge erred in allowing the admission of certain testimony, and that the judge erroneously denied his request for a continuance and motion for a new trial. The Supreme Judicial Court affirmed Defendant's convictions and the denial of his motion for a new trial, holding that Defendant was not entitled to relief on his allegations of error.
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