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COMMONWEALTH v. CARTER

SJC-11517 SJC-11518.

488 Mass. 191 (2021)

COMMONWEALTH v. ANTWAN CARTER (and three companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

August 16, 2021.

Attorney(s) appearing for the Case

David J. Nathanson for Antwan Carter.

Donald A. Harwood for Daniel Pinckney.

Shane T. O'Sullivan, Assistant District Attorney (David D. McGowan, Assistant District Attorney, also present) for the Commonwealth.

Ethan Rice & Richard Saenz, of New York, Katharine Naples-Mitchell, Mary L. Bonauto, Gary D. Buseck, Chris Erchull, & Anthony Lombardi, for Charles Hamilton Houston Institute for Race and Justice & others, amici curiae, submitted a brief.

Present: Budd, C.J., Lowy, Cypher, Kafker, & Georges, JJ.

Following two mistrials, a Superior Court jury convicted the defendants, Antwan Carter and Daniel Pinckney, of murder in the first degree on a theory of joint venture.2 On appeal, the defendants assert reversible error by the judge in allowing the Commonwealth's peremptory challenges of five prospective jurors...

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