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Commonwealth v. Gilbert

Citations

  • 447 Mass. 161
  • 849 N.E.2d 1246
  • 2006 Mass. LEXIS 440

How courts have described this case

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

  • upholding murder in second degree conviction on third prong malice theory where victim died of blunt neck trauma
  • motions brought under either rule may result either in new trial or in reduction of conviction to lesser charged offense
  • defendant's repeated denial of serious difficulties between couple in face of consistent evidence to contrary was evidence of his consciousness of guilt
  • no substantial risk of miscarriage of justice where evidence required jury to find element omitted from instruction
  • “Because the defendant’s motion for a new trial could have been filed [either way], and ‘[n]othing of consequence turnfed] on this difference,’ we treat the motion ‘ “according to [its] nature and substance” rather than [its] technical form.’ ” [citations omitted]

Source: CourtListener parenthetical corpus (CC0).

Judges: Marshall

Read full opinion on CourtListener

Cited by

20 cases in this archive cite this case.

Cites

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

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Sourced from CourtListener / Free Law Project (CC0).

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