COMMONWEALTH v. TORRES

SJC-10849

469 Mass. 398 (2014)

COMMONWEALTH v. JOSE TORRES.

Supreme Judicial Court of Massachusetts, Suffolk.

August 18, 2014.


Attorney(s) appearing for the Case

Emanuel Howard for the defendant.

Donna Jalbert Patalano , Assistant District Attorney ( David A. Deakin , Assistant District Attorney, with her) for the Commonwealth.

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


SPINA, J.

The defendant was convicted of murder in the first degree on theories of deliberate premeditation and extreme atrocity or cruelty. He filed a motion for a new trial alleging ineffective assistance of counsel, and he requested an evidentiary hearing. The trial judge denied the motion without a hearing. Her indorsement in the margin said, "for the reasons stated in [the Commonwealth's] opposition." On appeal the...

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