Commonwealth v. Leng
463 Mass. 779
| Mass. | 2012Background
- Defendant Corey Kneeland and Bunrath La, both DLB gang members, attended a party in Lowell on Oct. 31, 2006.
- A fight erupted after Kneeland and the victim Joshua Gens argued over a beer; weaponry escalated from a beer bottle to a wrench and a chair.
- The defendant entered with a gun, asked the victim if he wanted to die, and shot him; the victim died about two hours later.
- Kneeland, La, and the defendant fled the scene after the shooting.
- Defendant was convicted of first-degree murder based on deliberate premeditation.
- Defendant moved for a new trial alleging ineffective assistance of counsel on four theories; motion denied and consolidated on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance—gang evidence admission | Kneeland argues counsel should have objected to gang evidence | Counsel’s strategy used gang proof to show motive; improper to object | No error; evidence properly admitted for motive with safeguards |
| Substitute medical examiner testimony | Counsel failed to challenge nonappearance and cross-examine substitute examiner | Agreement limited autopsy evidence; cross-examination not required; no prejudice | No ineffective assistance; proper use of substitute examiner under law |
| Voluntary intoxication defense | Counsel should have presented intoxication evidence to negate premeditation | Intoxication would conflict with identification defense; strategy reasonable | No ineffective assistance; strategy not manifestly unreasonable |
| Voluntary manslaughter and defense of another | Failure to request voluntary manslaughter instructions; evidence of defense of another with excessive force | No provocation or ongoing threat; defense of another unwarranted | No error; no warranted instructions or defense of another theory |
Key Cases Cited
- Commonwealth v. Grace, 397 Mass. 303 (Mass. 1986) (standard for review of motion for new trial in tandem with direct appeal)
- Commonwealth v. Nieves, 429 Mass. 763 (Mass. 1999) (requires substantial likelihood of miscarriage of justice standard)
- Commonwealth v. Saferian, 366 Mass. 89 (Mass. 1974) (standard for assessing ineffective assistance of counsel)
- Commonwealth v. Satterfield, 373 Mass. 109 (Mass. 1977) (when evaluating counsel performance, avoid hindsight in strategy)