COMMONWEALTH v. ELLIS


432 Mass. 746 (2000)

COMMONWEALTH v. SEAN K. ELLIS.

Supreme Judicial Court of Massachusetts, Suffolk.

December 6, 2000.


Attorney(s) appearing for the Case

David Duncan for the defendant.

Paul B. Linn, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., ABRAMS, IRELAND, SPINA, & SOSMAN, JJ.


IRELAND, J.

After two mistrials, the defendant, Sean K. Ellis, was convicted of murder in the first degree on theories of extreme atrocity or cruelty and felony-murder. He was also convicted of armed robbery. The defendant appeals from his convictions and from the denial of his motion for a new trial. On appeal, he claims that the trial judge erred in (1) declaring a mistrial after the second trial in violation of the defendant's constitutional right against double...

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