Commonwealth v. Holley

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After a jury trial, Defendant was convicted of murder in the first degree on a theory of extreme atrocity or cruelty. The Supreme Judicial Court affirmed and declined to grant extraordinary relief pursuant to Mass. Gen. Laws ch. 278, 33E, holding (1) Defendant has not shown that the presence of police officers during the grand jury proceedings caused a substantial likelihood of a miscarriage of justice; (2) the trial judge did not err in denying Defendant’s motion for the appointment of a special prosecutor; (3) the trial judge did not commit prejudicial error in its evidentiary rulings challenged by Defendant; (4) statements made by the prosecutor during his opening statement and closing argument did not warrant reversal; and (5) the trial judge did not abuse his discretion in denying Defendant’s motion for a new trial. View "Commonwealth v. Holley" on Justia Law