Commonwealth v. Durand

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After a jury trial, Defendant was convicted of murder in the first degree and assault and battery with a dangerous weapon. The Supreme Judicial Court reversed the convictions and remanded the case for a new trial due to errors in Defendant’s first trial. On remand, Defendant was convicted of murder in the first degree by extreme atrocity or cruelty and assault and battery by means of a dangerous weapon. Defendant was sentenced to life in prison without the possibility of parole on the murder conviction. The Supreme Judicial Court affirmed on appeal, holding (1) the Commonwealth made improper statements during closing arguments, but this error did not warrant a new trial or other relief; (2) Defendant’s remaining allegations of error were unavailing; and (3) the Court discerns no basis to grant relief pursuant to Mass. Gen. Laws ch. 278, 33E. View "Commonwealth v. Durand" on Justia Law