Commonwealth v. Rogers, 459 Mass. 249

Defendant convicted of first-degree murder under felony-murder theory with armed robbery as predicate; also convicted of assault and battery with a dangerous weapon (knife) stemming from attack on Henry Young.
Jury could infer armed robbery from taking toothpaste and subsequent stabbing during pursuit, with force used to detain or escape.
Defendant contends that, if force/threats occurred only after robbery, armed-robbery instruction was flawed and required a different framing; argues self-defense not properly addressed.
Court considered whether the armed-robbery instruction properly conveyed that force could be used during taking or escape, and whether abandonment or continuous-violation concepts applied.
Court addressed whether store employees may use reasonably necessary force to detain shoplifters under G. L. c. 231, § 94B, and whether evidence and instructions properly framed self-defense and unlawful-killing elements.
Defendant argues trial-room closure violated public-trial rights; argues trial errors related to medical examiner testimony and video evidence; court evaluates these under traditional and 278, § 33E standards.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Armed robbery instruction proper	Commonwealth argued instruction correctly required force/weapon during taking or escape.	Defendant contends instruction allowed conviction if force occurred only during escape after abandonment.	Instruction proper; did not require segmentation of the robbery as urged by defendant.
Shoplifting as lesser-included offense	State seeking conviction consistent with armed robbery; shoplifting should be encompassed by armed-robbery elements.	Shoplifting should have been instructed as lesser included.	No error; shoplifting is not a lesser included offense of armed robbery.
Right to public trial / courtroom closure	Closure potentially violated public-trial rights; public access essential.	Either no closure occurred or waiver valid; closure not proven.	No reversible error; defendant waived any partial-closure claim.
Self-defense instruction in felony-murder context	Self-defense could relate to murder during felony-murder; jury properly instructed.	Self-defense instruction potentially misapplied or incomplete.	Assuming entitlement, instruction proper; ultimate verdict of 1st-degree murder indicates rejection of self-defense.
Admission of medical examiner testimony and related evidence	Testimony admissible under Nardi framework; photographs independently admissible.	Some factual findings improper on direct examination; Confrontation concerns.	Harmless error; no substantial likelihood of miscarriage of justice.

Commonwealth v. Mavredakis, 430 Mass. 848 (2000) (armed robbery not segmented; continuing-violation concept applied to escape)
Commonwealth v. Rajotte, 23 Mass. App. Ct. 93 (1986) (robbery conversion when victim interferes with theft)
Commonwealth v. Sheppard, 404 Mass. 774 (1989) (force may facilitate larceny; continuum of acts allowed)
Coblyn v. Kennedy's, Inc., 359 Mass. 319 (1971) (detention of shoplifter; reasonable detention may include force)
Proulx v. Pinkerton’s Nat’l Detective Agency, Inc., 343 Mass. 390 (1961) (detention on premises; reasonable manner standard)
Commonwealth v. Durand, 457 Mass. 574 (2010) (medical-evidence foundation; harmless error analysis)
Commonwealth v. Nardi, 452 Mass. 379 (2008) (Crawford framework; substitute medical examiner testimony rules)
Commonwealth v. Oliveira, 445 Mass. 837 (2006) (slip of the tongue in unlawful-killing instruction; overall charge considered)