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Appeals court hears dispute over lesser-included instruction in Lofink mayhem verdict
Summary
Appellate argument focused on whether the trial court should have instructed the jury on lesser included offenses (assault and battery by means of a dangerous weapon / serious bodily injury) when the defendant was convicted of mayhem; prosecution and defense disagree on whether an omitted instruction could have affected the verdict or sentencing.
Commonwealth v. Joshua Lofink — The Appeals Court examined whether trial counsel’s failure to request lesser-included-offense instructions deprived Joshua Lofink of a meaningful choice at trial and whether that error requires relief. Defense counsel argued the omission prevented the jury from convicting on a lesser charge that better fit the evidence; the Commonwealth said the record shows the jury could already choose among the counts presented and the…
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