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COMMONWEALTH v. FARLEY

443 Mass. 740 (2005)

COMMONWEALTH v. DIANE E. FARLEY.

Supreme Judicial Court of Massachusetts, Norfolk.

March 30, 2005.

Attorney(s) appearing for the Case

Brownlow M. Speer, Committee for Public Counsel Services, for the defendant.

Robert C. Cosgrove, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, IRELAND, COWIN, & CORDY, JJ.

IRELAND, J.

The defendant, Diane Farley, was originally convicted of murder in the first degree on a theory of deliberate premeditation in 1994. We reversed that conviction in 2000, holding that her trial counsel was ineffective in failing to develop the defense of a third-party culprit "through evidence, cross-examination or in summation." Commonwealth v. Farley, 432 Mass. 153, 156 (2000). The defendant was retried...

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