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COMMONWEALTH v. REPOZA

400 Mass. 516 (1987)

510 N.E.2d 755

COMMONWEALTH vs. RICHARD REPOZA.

Supreme Judicial Court of Massachusetts, Middlesex.

July 23, 1987.

Attorney(s) appearing for the Case

Richard Repoza, pro se.

Scott Harshbarger, District Attorney, & Fern L. Nesson, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

ABRAMS, J.

The question is whether Francis v. Franklin, 471 U.S. 307 (1985), requires us to grant the defendant's request for postconviction relief, Mass. R. Crim. P. 30 (a), 378 Mass. 800 (1978), following the affirmance of his conviction of murder in the second degree. See Commonwealth v. Repoza, 382 Mass. 119 (1980) (Repoza I). We conclude that the judge's charge...

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