COMMONWEALTH v. OLIVEIRA


445 Mass. 837 (2006)

COMMONWEALTH v. ROBERT J. OLIVEIRA.

Supreme Judicial Court of Massachusetts, Bristol.

January 23, 2006.


Attorney(s) appearing for the Case

Eric S. Brandt, Committee for Public Counsel Services, for the defendant.

David B. Mark, Assistant District Attorney (Alison R. Bancroft, Assistant District Attorney, with him) for the Commonwealth.

Present: Marshall, C.J., Ireland, Spina, & Cordy, JJ.


CORDY, J.

Following a jury trial, Robert J. Oliveira was convicted of murder in the first degree of Nancy Shonheinz, a woman with whom he had a sporadic relationship. On appeal, the defendant claims that the judge's jury instructions regarding murder by means of extreme atrocity or cruelty contained two significant errors creating a substantial likelihood of a miscarriage of justice. We find no such likelihood and affirm...

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