1. Home
  2. Browse Decisions
  3. F.Supp.2d
  4. 493 F.Supp.2d
  5. 493 F.Supp.2d 169 (2007)
 

VELAZQUEZ v. SPENCER

Civil Action No. 06-11750-RGS.

493 F.Supp.2d 169 (2007)

Isoniel VELAZQUEZ v. Luis SPENCER.

United States District Court, D. Massachusetts.

June 27, 2007.

Attorney(s) appearing for the Case

Claudia Leis Bolgen, Bolgen & Bolgen, Woburn, MA, for Isoniel Velazquez.

David M. Lieber, Assistant Attorney General, Boston, MA, for Luis Spencer.

MEMORANDUM AND ORDER ON MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

STEARNS, District Judge.

I agree with Magistrate Judge Bowler that no Apprendi error infected petitioner's sentence (as the Massachusetts Appeals Court explicitly held). Malice, in the context of assault with intent to murder, means simply the absence of justification, excuse, or mitigation. A jury's finding of a specific intent to kill necessarily incorporates a finding of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases