Commonwealth v. GibsonAnnotate this Case
The Supreme Judicial Court vacated Defendant's firearm-related convictions but affirmed his convictions for murder in the first degree based on a theory of felony-murder, home invasion and armed assault with intent to rob, holding that the firearm-related convictions must be vacated in light of Commonwealth v. Guardado, 491 Mass. 666 (2023).
Specifically, the Supreme Judicial Court held (1) trial counsel was not ineffective for failing to introduce certain categories of telephone calls; (2) there was no error in the denial of Defendant's motion for a new trial; (3) Defendant's convictions of unlawful possession of a firearm and unlawful possession of a loaded firearm must be vacated in light of this Court's precedent decision in Guardado; and (4) there was no reason for this Court to exercise its extraordinary authority pursuant to Mass. Gen. Laws ch. 278, 33E to grant Defendant a new trial or reduce the murder conviction to a lesser degree of guilt.