COMMONWEALTH v. WATKINS


433 Mass. 539 (2001)

COMMONWEALTH v. THEODORE NEAL WATKINS.

Supreme Judicial Court of Massachusetts, Middlesex.

March 20, 2001.


Attorney(s) appearing for the Case

John H. LaChance for the defendant.

Kevin J. Curtin, Assistant District Attorney, for the Commonwealth.

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


GREANEY, J.

A single justice of this court, acting pursuant to the gatekeeper provision in G. L. c. 278, § 33E, allowed the defendant's application for leave to appeal from an order denying his third postdirect appeal motion for a new trial filed in 1995. In the motion, the defendant challenged, as constitutionally inadequate, the reasonable doubt instructions given to the jury by the Superior Court judge who presided at his trial in 1977. The Superior Court...

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