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COMMONWEALTH v. JOHNSON

409 Mass. 405 (1991)

567 N.E.2d 191

COMMONWEALTH vs. DAVID R. JOHNSON.

Supreme Judicial Court of Massachusetts, Plymouth.

February 27, 1991.

Attorney(s) appearing for the Case

Robert C. Thompson, Assistant District Attorney, for the Commonwealth.

Carol A. Donovan, Committee for Public Counsel Services, for the defendant.

Present: LIACOS, C.J., WILKINS, NOLAN, O'CONNOR, & GREANEY, JJ.

GREANEY, J.

On March 3, 1976, a jury in the Superior Court found the defendant guilty of murder in the first degree, and burglary. On March 18, 1976, the defendant filed a motion for new trial which was denied by the trial judge and not appealed. On February 23, 1978, this court affirmed the defendant's conviction, and, after plenary review, concluded that there was no basis for relief pursuant to G.L.c. 278, § 33E. Commonwealth v. Johnson,

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