COMMONWEALTH v. MONTANEZ

No. 99-P-1809.

55 Mass. App. Ct. 132 (2002)

COMMONWEALTH v. JOSE MANUEL MONTANEZ.

Court of Appeals of Massachusetts, Hampden.

June 12, 2002.


Attorney(s) appearing for the Case

D. Josephson, J., and the case was tried before Richard F. Connon, J.

John M. Thompson for the defendant.

Deborah D. Ahlstrom, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, BECK, & BERRY, JJ.


BERRY, J.

We reverse this second degree murder conviction because of flawed provocation and voluntary manslaughter instructions held defective in Commonwealth v. Acevedo, 427 Mass. 714 (1998). In addition to the erroneous instructions, we also address the following issues because they may arise on a retrial: (a) the denial of a suppression motion directed at the initial investigatory stop, where the originating source...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases