COMMONWEALTH v. L'ABBE


421 Mass. 262 (1995)

COMMONWEALTH vs. WAYNE R. L'ABBE.

Supreme Judicial Court of Massachusetts, Essex.

November 8, 1995.


Attorney(s) appearing for the Case

Alan Jay Black for the defendant.

Margaret J. Perry, Assistant District Attorney (Frederick B. McAlary, Assistant District Attorney, with her) for the Commonwealth.

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


LYNCH, J.

The defendant, Wayne R. L'Abbe, was convicted by a jury of murder in the first degree and given the mandatory sentence of life imprisonment. On appeal, he claims that: (1) he was not competent to stand trial; (2) he was not competent to waive his own presence at trial; (3) presence at trial is not waivable in a capital case; (4) his motion to suppress certain evidence should not have been denied; and (5) this court should exercise its power under G.L.c....

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