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COMMONWEALTH v. POPE

SJC-13202.

489 Mass. 790 (2022)

COMMONWEALTH v. JOSEPH POPE.

Supreme Judicial Court of Massachusetts, Suffolk.

June 7, 2022.

Attorney(s) appearing for the Case

Jeffrey G. Harris for the defendant.

Paul B. Linn , Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

John J. Barter for Committee for Public Counsel Services.

Joshua M. Daniels & Sara E. Silva for Massachusetts Association of Criminal Defense Lawyers.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

The defendant was convicted of murder in the first degree in 1986, after a first trial, in 1985, resulted in a mistrial. Pursuant to G. L. c. 278, § 33E (§ 33E), this court reviewed and affirmed his conviction in 1990. See Commonwealth v. Pope, 406 Mass. 581, 591 (1990). Now, more than three...

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