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Criminal – Murder – Intoxication
admin//May 7, 2007//
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Where a jury convicted the defendant of first-degree murder, the conviction should be affirmed, as (1) no substantial risk of a miscarriage of justice resulted from any error in the jury instructions on intoxication and (2) the defendant’s trial counsel was not ineffective.
Commonwealth v. Smith (Lawyers Weekly No. 10-080-07) (19 pages) (Spina, J.) (SJC) Case tried before Sweeney, J., and a motion for new trial heard by her. Charles K. Stephenson on appeal for the defendant; David F. Capeless for the commonwealth (Docket No. SJC-08795) (April 30, 2007).
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
