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Criminal Procedure Keyed to Miller
Commonwealth v. John Bacigalupo
Citation:918 N.E.2d 51 (Mass. 2009)
Bacigalupo (defendant) and his co-defendant, Carter, were on trial for first-degree murder. A witness testified for the Commonwealth, recounting Carter’s confession to him about the shootings. The witness did not directly refer to Bacigalupo in his testimony, referring to him as Carter’s “friend” or as “Johnny.” On cross-examination, he stated that Carter told him “Johnny” shot one of the victims. The trial judge instructed the jury that none of Carter’s statements could be used against Bacigalupo.
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