Commonwealth v. Vacher

After a jury trial, Defendant was found guilty of murder in the first degree on theories of deliberate premeditation, extreme atrocity or cruelty, and felony murder. Defendant appealed, arguing, among other things, that in litigating his motions to suppress, he should have been afforded “target standing” to challenge the violation of his alleged coventurers’ constitutional rights. The Supreme Judicial Court affirmed Defendant’s convictions, holding (1) even assuming the availability of target standing, Defendant was properly denied target standing to challenge the violations of his coventurers’ constitutional rights; (2) the witness immunity statute was constitutional as applied to Defendant; (3) certain identification testimony was improperly admitted into evidence, but the improper testimony was not prejudicial; and (4) the trial judge erred in failing to give an instruction pursuant to Commonwealth v. DiGiambattista, but the error was not prejudicial. View "Commonwealth v. Vacher" on Justia Law