DANIELS v. COMMONWEALTH


455 Mass. 1009 (2009)

LEAH DANIELS v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts.

November 17, 2009.


Attorney(s) appearing for the Case

Willie J. Davis for the petitioner.

Macy Lee, Assistant District Attorney, for the Commonwealth.


Leah Daniels appeals from a judgment of a single justice of this court denying her petition for relief pursuant to G. L. c. 211, § 3. We affirm.

Following a mistrial in 2002, Daniels was retried in 2005 on charges of armed assault with intent to murder, mayhem, and assault and battery by means of a dangerous weapon. At trial, she moved unsuccessfully for a required finding of not guilty. See Mass. R. Crim. P. 25 (a), 378 Mass. 896 (1979). The jury later became...

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