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COMMONWEALTH v. NIEVES

394 Mass. 355 (1985)

476 N.E.2d 179

COMMONWEALTH vs. JOSE L. NIEVES.

Supreme Judicial Court of Massachusetts, Essex.

March 29, 1985.

Attorney(s) appearing for the Case

Michael S. Gallagher for the defendant.

Dyanne Klein Polatin, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN & O'CONNOR, JJ.

O'CONNOR, J.

The defendant was indicted for murder in the first degree for the shooting death of John Mikinnis. He was convicted of murder in the second degree and sentenced to life imprisonment at the Massachusetts Correctional Institution at Walpole. After considerable delay, the defendant's appeal was entered in the Appeals Court. That court summarily affirmed the defendant's conviction. 15 Mass.App.Ct. 1102 (1983). A single justice of this court, treating the...

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