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COMMONWEALTH v. KILBURN.

438 Mass. 356 (2003)

COMMONWEALTH v. ANDREW W. KILBURN.

Supreme Judicial Court of Massachusetts, Suffolk.

January 3, 2003.

Attorney(s) appearing for the Case

Stephen Hrones for the defendant.

Jane A. Sullivan, Assistant District Attorney, for the Commonwealth.

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

COWIN, J.

In 1993, a jury convicted the defendant of murder in the first degree based on a theory of felony-murder and joint venture. We affirmed the conviction and denied relief after reviewing the entire record pursuant to G. L. c. 278, § 33E. See Commonwealth v. Kilburn, 426 Mass. 31, 38 (1997). In June, 2001, the defendant filed a motion for release from unlawful restraint pursuant to Mass. R. Crim. P. 30...

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