Criminal – Habitual offender – Closing argument
Where a defendant was convicted of unarmed robbery and was sentenced to life in prison as a habitual offender, the prosecutor's closing argument error created a substantial risk of a miscarriage of...
View ArticleCriminal – Habitual offender – Colloquy
Where a defendant was convicted of breaking and entering and being a habitual offender, (1) the conviction for breaking and entering should be affirmed because the judge’s error in failing to give the...
View ArticleCriminal – Rape – Consent – Habitual offender
Where a defendant, who was convicted of rape and assault and battery causing serious bodily injury, contends that the judge erred by (1) denying his motion for a required finding of not guilty on the...
View ArticleCriminal – Habitual offender
Where a judge dismissed a habitual offender charge, the dismissal order must be reversed because the defendant was twice before sentenced to three or more years in prison, even though one of the...
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