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Commonwealth v. Burke

Citations

  • 607 N.E.2d 991
  • 414 Mass. 252
  • 1993 Mass. LEXIS 23

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that there was no substantial likelihood of miscarriage of justice even though judge did not give jury humane practice instruction
  • holding that a substantially similar premeditation instruction “also effectively required that the jury find that the defendant intended to kill the victim”
  • declining to reduce first degree murder verdict where other participant was convicted of murder in the second degree
  • upholding jury’s separate verdict on theory of deliberate premeditation where defendant alleged instructional error on extreme atrocity
  • employing more deferential ineffective assistance of counsel standard than that imposed by Sixth Amendment when reviewing first degree murder case
  • “we have declined to accept [inconsistent verdicts] as sufficient to warrant the exercise of our power to reduce the verdict of the jury”

Source: CourtListener parenthetical corpus (CC0).

Judges: Liacos, Nolan, Lynch, Greaney

Read full opinion on CourtListener

Cited by

45 cases in this archive cite this case; the 20 most cited are listed.

Cites

34 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.