Commonwealth v. Bruneau, 36 N.E.3d 3

Defendant indicted in 2008 for first‑degree murder (stabbing death of George Roy); found incompetent to stand trial until 2013. After a competency finding, Commonwealth nolled the first‑degree count, defendant waived jury, and entered stipulations; trial proceeded on criminal responsibility (mental illness) defense.
Commonwealth presented evidence (blood in apartment matching victim, victim’s body found in Vermont with stab wounds bound by chain, hatchet with store barcode found in defendant’s room, store receipt and surveillance showing defendant bought hatchet, chain, latex gloves, cinder block).
Defendant conceded the killing in closing but argued lack of criminal responsibility due to mental illness. Motions for required findings of not guilty were denied.
Jury returned verdict: not guilty by reason of mental illness; court ordered civil commitment to Bridgewater State Hospital under G. L. c. 123, § 16.
Defendant filed an appeal under G. L. c. 278, § 28 from the denial of his motion for a required finding of not guilty; Commonwealth argued § 28 was not the proper avenue and urged extraordinary relief under G. L. c. 211, § 3.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a defendant found not guilty by reason of mental illness may appeal under G. L. c. 278, § 28	Commonwealth: verdict is an acquittal (no conviction/sentence) and therefore not a "judgment" making § 28 inapplicable; if review available, only via extraordinary G. L. c. 211, § 3 petition	Defendant: a verdict of not guilty by reason of mental illness is a final judgment and, because the defendant is "aggrieved" (exposure to civil commitment), § 28 applies	Court: § 28 applies; such a verdict is a final judgment and the defendant can be "aggrieved" and thus may appeal under § 28
Whether evidence was sufficient to deny the defendant's motion for a required finding of not guilty	Defendant: evidence insufficient to prove he committed the crime beyond a reasonable doubt	Commonwealth: circumstantial and direct evidence (blood, purchase/receipt/video linking tools, inconsistent statements, consciousness of guilt) sufficed to prove elements	Court: evidence sufficient for a rational trier of fact to find defendant committed murder (second degree); motion denial proper

Commonwealth v. Curtis, 318 Mass. 584 (1945) (earlier Massachusetts precedent allowing appeal after verdict of not guilty by reason of insanity)
Clay v. United States, 537 U.S. 522 (2003) (finality principle: court disassociates itself when nothing remains but execution of judgment)
Flanagan v. United States, 465 U.S. 259 (1984) (criminal final judgment generally means sentence for appealability rules)
Jones v. United States, 463 U.S. 354 (1983) (noting NGMI verdict establishes both commission of act and lack of criminal responsibility)
United States v. Vela, 624 F.3d 1148 (9th Cir. 2010) (holding NGMI is a final judgment for purposes of appealability)
Commonwealth v. Brown, 466 Mass. 676 (2013) (Massachusetts recognition that sentence is typically the final judgment in criminal cases)