Uncertain eyewitness doesn’t bar murder conviction (access required)

Published: July 2, 2009

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The evidence supporting a murder conviction was constitutionally sufficient even though a key eyewitness expressed less than complete certitude about an out-of-court identification that he had previously made, the 1st Circuit has ruled. A Massachusetts jury convicted the defendant of second degree murder in connection with the shooting of a drug dealer.   The defendant sought habeas relief ...
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