COMMONWEALTH v. GARREY


436 Mass. 422 (2002)

COMMONWEALTH v. JAMES M. GARREY.

Supreme Judicial Court of Massachusetts, Norfolk.

March 29, 2002.


Attorney(s) appearing for the Case

Wendy H. Sibbison (J.W. Carney, Jr., with him) for the defendant.

Robert C. Cosgrove, Assistant District Attorney (Susanne M. O'Neil, Assistant District Attorney, & Ellen McCusker Devlin, Assistant District Attorney, with him) for the Commonwealth.

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


SPINA, J.

The defendant, James M. Garrey, was convicted of murder in the first degree on a theory of extreme atrocity or cruelty. On appeal, he claims that the trial judge erred in (1) denying his motion for a required finding of not guilty; (2) permitting the prosecutor to exercise a peremptory challenge of an African-American juror; (3) discharging a deliberating juror; (4) allowing the substantive use of grand jury testimony; (5) excluding state of mind evidence...

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