Commonwealth v. Gomes (Lawyers Weekly No. 10-022-18)
Affirmed: trial counsel's tactical decision not to present expert testimony supporting an alternative eyewitness identification instruction was not manifestly unreasonable.
Affirmed: trial counsel's tactical decision not to present expert testimony supporting an alternative eyewitness identification instruction was not manifestly unreasonable.
Affirmed murder conviction based on sufficient circumstantial evidence of joint venture in drive-by shooting, proper admission of evidence showing motive, and no error in jury procedures or instructions.
Trial judge did not err by declining to instruct jury on eyewitness identification principles without supporting expert testimony. Court adopted provisional model instruction reflecting scientific consensus on five principles affecting identification reliability.
Judge cannot consider defendant's trial testimony as perjurious when imposing sentence. Perceived perjury at sentencing constitutes reversible error creating substantial miscarriage risk.