|Date (2009 hearing) ||October 9, 2009: Hearing|
November 8, 2012: Rehearing
|Video||View 2009 oral argument with Windows Media Player
View 2012 rehearing
|Justices||Marshall, C.J., Spina, Cowin, Botsford, Gants, JJ.
|Summary||2010 Opinion: Jury and jurors. Practice, Criminal, Voir dire, Public trial, New trial, Findings by judge, Disqualification of judge, Argument by prosecutor, Judicial discretion, Assistance of counsel, Motion to suppress, Capital case. Constitutional law, Public trial, Jury, Confrontation of witnesses, Assistance of counsel. Deoxyribonucleic acid. Evidence, Expert opinion, Hearsay, Cross-examination, Prior misconduct, Motive, Relevancy and materiality, Cumulative evidence. Search and seizure, Automobile.
2012 Summary: Criminal-- The United States Supreme Court remanded this case to the Supreme Judicial Court, which had affirmed the defendant's murder conviction, for reconsideration of the admissibility of testimony of an expert witness regarding DNA testing where the witness did not prepare the underlying data; on remand the Supreme Judicial Court has been asked to reconsider the matter in light of a 2012 Supreme Court opinion regarding the right of confrontation.
|Appealed From||Norfolk County Superior Court, Justice Paul A. Chernoff|
|Briefs||See selection available in PDF format at Supreme Judicial Court website|
|Counsel for Appellant|
|Greineder: James L. Sultan, Jonathan P. Harwell|
|Counsel for Appellee|
|Commonwealth: Varsha Kukafka|
|Amici Curiae||Committee for Public Counsel Services; Massachusetts Association of Criminal Defense Lawyers |
|Opinion||Click to link to the 2010 slip opinion of the Supreme Judicial Court, in PDF format (requires Adobe Acrobat) |