Commonwealth v. Dyer, 460 Mass. 728

June 28, 1991: defendant Dyer shot Roy Drew and George Eldridge in Carol Drew's Fall River apartment amid a dispute over Janice and their child.
Dyer displayed videotapes of Janice; demanded money; Roy posed with a gun; ensuing struggle led to Roy's death and George’s injuries.
Dyer testified he acted in self-defense during a confrontation involving Roy, George, and others; several of his knives and aliases appeared in the car.
Trial occurred in 1994; jury convicted Dyer of first-degree murder of Roy and armed assault with intent to kill George; other charges were resolved or placed on file.
Motion for a new trial was denied after a non-evidentiary hearing; issues on public trial rights, juror questioning, evidentiary rulings, jury instructions, and ineffective assistance of counsel were appealed.
Court here affirms convictions and the motion-denial, and declines to grant relief under G. L. c. 278, § 33E.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Public trial rights during voir dire	Defendant asserts partial closure of voir dire violated public trial rights	Defendant contends waiver did not validly authorize closure	Waiver found; no new trial required; public trial rights not violated under waiver analysis
Judicial questioning of jurors and defendant's presence	Juror inquiries and sideline questions implicated confrontation rights	Defendant was improperly excluded from some discussions	No reversible error; defendant waived some rights; no substantial miscarriage of justice
Jury questions and judge’s responses	Judge’s responses to jury questions involved legal significance	Defense counsel should have been consulted on all questions	Defendant’s rights protected; no substantial likelihood of miscarriage of justice
Jury instructions: deliberate premeditation and related theories	Instructions on malice and premeditation misstate law; self-defense burden unclear	Errors in malice, voluntary manslaughter, and self-defense instructions	Malice instruction error but not reversible; overall charge clarifies elements; no substantial miscarriage of justice
Ineffective assistance of counsel—investigation and strategy	Defense counsel failures to obtain forensic expert and challenge evidence	Counsel's failures deprived defense of Bowden-like challenge and bias evidence	No substantial likelihood of miscarriage; strategic decisions deemed reasonable; no new trial warranted

Commonwealth v. Cohen (No. 1), 456 Mass. 94 (Mass. 2010) (public trial right can be waived; structural error analysis limited by waiver)
Commonwealth v. Horton, 434 Mass. 823 (Mass. 2001) (public trial rights during voir dire; waiver and review for miscarriage)
Commonwealth v. Angiulo, 415 Mass. 502 (Mass. 1993) (limits on judge-led juror interviews; need for counsel presence)
Commonwealth v. Martino, 412 Mass. 267 (Mass. 1992) (waiver and conduct of sidebar juror interviews; harmless error possible)
Commonwealth v. Perry, 432 Mass. 214 (Mass. 2000) (waiver of defendant's presence at sidebar interviews)
Commonwealth v. Lopes, 440 Mass. 731 (Mass. 2004) (burden regarding provocation in voluntary manslaughter; self-defense context)
Commonwealth v. Acevedo, 427 Mass. 714 (Mass. 1998) (correct burden on whether defendant acted with provocation reduces murder to manslaughter)
Commonwealth v. Torres, 420 Mass. 479 (Mass. 1995) (instructions on provocation and malice; standard review)
Commonwealth v. Burke, 414 Mass. 252 (Mass. 1993) (center-of-gravity analysis of jury instructions)
Commonwealth v. Glacken, 451 Mass. 163 (Mass. 2008) (instructive guidance on charge review by whole-article approach)