COMMONWEALTH v. BENOIT

SJC-10120

452 Mass. 212 (2008)

COMMONWEALTH v. TYSON J. BENOIT.

Supreme Judicial Court of Massachusetts, Berkshire.

August 18, 2008.


Attorney(s) appearing for the Case

Jane Larmon White, Committee for Public Counsel Services, for the defendant.

Paul J. Caccaviello, Assistant District Attorney (Karen L. Carlo, Assistant District Attorney, with him) for the Commonwealth.

Daniel R. Williams, Lisa J. Steele, & David M. Siegel for Massachusetts Association of Criminal Defense Lawyers & another, amici curiae, submitted a brief.

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


BOTSFORD, J.

The defendant was convicted of murder in the second degree by a jury in the Superior Court. On appeal, he argues that (1) the Commonwealth's peremptory challenge to the only eligible African-American juror violated his Federal and State constitutional rights because the prosecutor's proffered reasons supporting the challenge were inadequate; (2) the judge erred in denying his request for an instruction on self-defense; (3) the judge erred in excluding...

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