COMMONWEALTH v. FIGUEROA

SJC-09759

451 Mass. 566 (2008)

COMMONWEALTH v. SEVERO FIGUEROA.

Supreme Judicial Court of Massachusetts, Essex.

June 5, 2008.


Attorney(s) appearing for the Case

Stephen Neyman for the defendant.

David F. O'Sullivan, Assistant District Attorney, for the Commonwealth.

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


IRELAND, J.

In 2003, an Essex County jury convicted the defendant of murder in the first degree. The defendant appealed. He argues that the trial judge erred by failing specifically to inquire of the venire their understanding of the presumption of innocence pursuant to G. L. c. 234, § 28, by allowing a portion of a witness's grand jury testimony to be read to the jury for substantive purposes, and by instructing the...

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