COMMONWEALTH v. LOPES


440 Mass. 731 (2004)

COMMONWEALTH vs. DANA E. LOPES.

Supreme Judicial Court of Massachusetts, Barnstable.

January 22, 2004.


Attorney(s) appearing for the Case

Eric S. Brandt, Committee for Public Counsel Services, for the defendant.

Julia K. Holler, Assistant District Attorney, for the Commonwealth.

Present: Marshall, C.J., Greaney, Ireland, Cowin, & Cordy, JJ.


GREANEY, J.

A jury in the Superior Court convicted the defendant of murder in the first degree by reason of deliberate premeditation. Represented by new counsel, the defendant now argues that a new trial is required because the judge (1) refused to pose a collective question to the venire as to whether they, or a family member, had ever been a victim of a violent crime, and (2) failed to instruct the jury, sua sponte, on the use of nondeadly force in self-defense...

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