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COMMONWEALTH v. WADE

SJC-11506

467 Mass. 496 (2014)

COMMONWEALTH v. ROBERT D. WADE.

Supreme Judicial Court of Massachusetts, Plymouth.

March 14, 2014.

Attorney(s) appearing for the Case

Janet Hetherwick Pumphrey for the defendant.

Mary E. Lee, Assistant District Attorney, for the Commonwealth.

William M. Taylor, for The Innocence Network, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

DUFFLY, J.

On September 8, 1997, a Superior Court jury convicted Robert D. Wade of murder in the first degree on a theory of felony-murder and aggravated rape. On direct appeal, the conviction of murder was affirmed and the conviction of aggravated rape was vacated as duplicative. See Commonwealth v. Wade, 428 Mass. 147, 155 (1998). Since at least December, 2002, Wade has sought unsuccessfully to obtain deoxyribonucleic acid...

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