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COMMONWEALTH v. McDERMOTT

SJC-13394.

493 Mass. 403 (2024)

COMMONWEALTH v. WILLIAM F. McDERMOTT.

Supreme Judicial Court of Massachusetts.

January 25, 2024.

Attorney(s) appearing for the Case

K. Hayne Barnwell for the defendant.

Michael McGee , Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae: Stephen Cook, of California, W. Lydell Benson, Jr., of New York, Eileen Hren Citron, William A. Bejan, & Leslie Epstein Wallace, of the District of Columbia, Radha Natarajan, & Katharine Naples-Mitchell for New England Innocence Project & another.

Jeremy M. McLaughlin & Andrew J. Wu , of California, Nicholas N. Chan & Krishna Hedge , of Pennsylvania, & Peter W. Shanley for Massachusetts LGBTQ Bar Association & others.

Stanley Donald, pro se.

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

In 1982, a Superior Court jury convicted the defendant, William F. McDermott, of murder in the first degree. On direct review, we held that the trial judge had erred in failing to instruct the jury that evidence of intoxication could be considered in determining whether the defendant acted with extreme atrocity or cruelty as to support...

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