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COMMONWEALTH v. PROULX

No. 03-P-99.

61 Mass. App. Ct. 454 (2004)

COMMONWEALTH v. DAVID PROULX.

Appeals Court of Massachusetts, Essex.

July 13, 2004.

Attorney(s) appearing for the Case

Elin H. Graydon, Assistant District Attorney, for the Commonwealth.

Richard J. Fallon for the defendant.

Present: Armstrong, C.J., Beck, & Cypher, JJ.

CYPHER, J.

In 1984, a jury convicted the defendant, David Proulx, of murder in the second degree for the death of his girlfriend's two year old daughter, Tanya Parker (Tanya).1 In 2002, a Superior Court judge allowed the defendant's third motion for new trial after concluding that an error in the jury instructions on the third prong of malice created a substantial risk of a miscarriage...

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