COMMONWEALTH v. DePACE


433 Mass. 379 (2001)

COMMONWEALTH v. PASQUALINO DEPACE.

Supreme Judicial Court of Massachusetts, Middlesex.

February 16, 2001.


Attorney(s) appearing for the Case

Ruth Greenberg for the defendant.

Kimberly Diaz Peterson, Assistant District Attorney (Gerard T. Leone, Jr., Assistant Attorney General, with her), for the Commonwealth.

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


SPINA, J.

The defendant, Pasqualino DePace, was indicted for the murder of his estranged wife. A jury found him guilty of murder in the first degree by reason of extreme atrocity or cruelty. On appeal he claims error in (1) the admission of evidence that he asserted his right to counsel; (2) the judge's instruction on inferences; and (3) the judge's refusal to permit appellate counsel to review confidential juror questionnaires. We reverse on the basis of the first...

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