COMMONWEALTH v. MARTINEZ


437 Mass. 84 (2002)

COMMONWEALTH v. ROBERT MARTINEZ.

Supreme Judicial Court of Massachusetts, Plymouth.

June 10, 2002.


Attorney(s) appearing for the Case

David H. Erickson for the defendant.

Bridget Norton Middleton, Assistant District Attorney, for the Commonwealth.

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


MARSHALL, C.J.

In March, 1998, Robert Martinez was convicted of murder in the first degree on a theory of extreme atrocity or cruelty. Represented by new counsel, the defendant filed a motion for a new trial, which was denied without an evidentiary hearing by a judge who was not the trial judge.

The defendant now appeals from the jury verdict and from the denial of his motion for a new trial. As to the conduct of the trial, he challenges two evidentiary rulings...

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