COMMONWEALTH v. TOLAN

SJC-09748

453 Mass. 634 (2009)

COMMONWEALTH v. PEGGY TOLAN.

Supreme Judicial Court of Massachusetts, Bristol.

April 14, 2009.


Attorney(s) appearing for the Case

Peter M. Onek, Committee for Public Counsel Services, for the defendant.

Shoshana E. Stern, Assistant District Attorney (Rachel J. Eisenhaure, Assistant District Attorney, with her) for the Commonwealth.

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


CORDY, J.

On the morning of December 3, 2002, the defendant, Peggy Tolan, telephoned 911 and told the dispatcher that her husband, Edward Tolan (Edward), had been shot. Paramedics responded to the Tolans' home and found Edward's body in the bedroom; he had died of a single gunshot wound to the head fired at close range. On November 9, 2004, a jury convicted the defendant of premeditated murder in the first degree. Tolan filed a motion for a new trial, alleging ineffective...

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