COMMONWEALTH v. DIAZ

SJC-09559

453 Mass. 266 (2009)

COMMONWEALTH v. JOHNNY DIAZ.

Supreme Judicial Court of Massachusetts, Middlesex.

February 24, 2009.


Attorney(s) appearing for the Case

Kathleen M. McCarthy for the defendant.

Jessica Langsam, Assistant District Attorney, for the Commonwealth.

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


COWIN, J.

A Superior Court jury convicted the defendant, Johnny Diaz, of murder in the first degree on theories of deliberate premeditation and extreme atrocity or cruelty. Represented by new counsel, the defendant appeals from his conviction and from the denial of his motion for a new trial. He claims that his statements during an audiotaped police interview were improperly admitted because his waiver of Miranda rights was not valid and because his replies to certain...

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