Commonwealth v. Ramos
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The Supreme Judicial Court reversed the judgment of the superior court denying Defendant's motion filed under Mass. Gen. Laws ch. 278A seeking deoxyribonucleic acid (DNA) testing of fingernail clippings collected from the victim's body to support his argument that the victim was the first aggressor and that Defendant acted in self-defense, holding that the superior court erred.
After a jury trial, Defendant was found guilty of murder in the first degree on a theory of deliberate premeditation. While his direct appeal was pending, Defendant brought his chapter 278A motion requesting DNA testing. A motion judge denied the motion, concluding that Defendant failed to meet the requirements of Mass. Gen. Laws ch. 278A, 7(b). The Supreme Judicial Court reversed, holding that Defendant established that a reasonably effective attorney would have requested the DNA testing and analysis.
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