COMMONWEALTH v. PHIM

SJC-10897.

462 Mass. 470 (2012)

COMMONWEALTH v. DAVID PHIM.

Supreme Judicial Court of Massachusetts, Middlesex.

June 14, 2012.


Attorney(s) appearing for the Case

Aziz Safar for the defendant.

Anne Pogue Donohue , Assistant District Attorney, for the Commonwealth.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


LENK, J.

The defendant appeals from his convictions of murder in the second degree and related firearms charges. The defendant was convicted on retrial; the jury at his first trial were unable to agree on a unanimous verdict. The defendant contends, among other things, that State and Federal double jeopardy protections precluded the judge at the second trial from instructing the jury on accessory liability where no such instruction was provided to the first jury....

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