Commonwealth v. Stokes
460 Mass. 311
| Mass. | 2011Background
- Stokes convicted of first-degree felony-murder predicated on attempted armed robbery; Smith killed during a home invasion by two assailants at Rego's Fall River apartment.
- Trial court instructed felony-murder first degree with attempted armed robbery as predicate; no second-degree felony-murder instruction.
- Indictment for armed home invasion named Smith as victim; no separate indictment for Rego.
- 2008 posttrial motion for new trial argued for second-degree felony-murder instruction using armed home invasion (uncharged for Rego).
- Judge denied relevant parts; gatekeeper allowed appeal; appellate review focused on whether uncharged predicate could support second-degree felony-murder and merger issues.
- Evidence supported possible armed home invasion against Rego as predicate, but merger doctrine and indictment scope affected charging; overarching conclusion affirmed denial of motion for new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether second-degree felony-murder instruction was warranted | Stokes argued uncharged Rego-based predicate could support second-degree felony-murder | Commonwealth argued no error absent indictment or defense request | No error; no requirement to instruct absent trial request or separate indictment for predicate |
| Whether uncharged armed home invasion against Rego could serve as predicate | Predicate could exist despite no separate indictment | Indictment naming Smith as victim and merger doctrine preclude separate predicate | Not allowed to charge second-degree felony-murder on unindicted predicate; merger doctrine applied |
| Whether evidence of arm-inviolability impacts merger/alternative predicate | Threats to Rego showed imminent force supporting predicate | Threat against Rego insufficient under merger | Evidence sufficient to show threat but merger with Smith’s killing foreclosed separate predicate |
| Whether waiver applies to Burton-based framework | Burton clarified predicate sentencing, enabling challenge | Waiver or finality concerns apply; gatekeeper review allowed | Court treated Burton as controlling to allow review for substantial miscarriage of justice in this context |
| Whether armed home invasion conviction against Smith could be separately sentenced | Underlying felony not subject to merger with murder | Predicate felony cannot carry separate sentence due to merger | Armed home invasion sentence independent; proper sentencing; merger applies to predicate charge of felony-murder |
Key Cases Cited
- Commonwealth v. Burton, 450 Mass. 55 (2007) (felony-murder second degree predicate when predicate inherently dangerous and not life-punishable)
- Commonwealth v. Cruz, 430 Mass. 182 (1999) (natural and probable consequence standard for felony-murder second degree)
- Commonwealth v. Matchett, 386 Mass. 492 (1982) (predicate need not be indicted separately for felony-murder)
- Commonwealth v. Gunter, 427 Mass. 259 (1998) (merger of predicate felony with felony-murder; no separate sentence)
- Commonwealth v. Kilbum, 438 Mass. 356 (2003) (brandishing gun and immediate assault may not merge with murder in some contexts)
- Commonwealth v. Berry, 431 Mass. 326 (2000) (requirement to raise issue for lesser included offenses; absence of trial request affects charge)
- Commonwealth v. Roberts, 407 Mass. 731 (1990) (absence of trial request; not required to charge lesser offense)