Mass. Supreme Judicial Court hears appeal over involuntary-manslaughter instruction in James Ferguson case

The Massachusetts Supreme Judicial Court heard oral argument in Commonwealth v. James Ferguson (Rocket No. SJC13574), where defense counsel Michael Temposki asked the court to order a new trial or to hold that Ferguson was entitled to an involuntary-manslaughter instruction. "I'm asking the court to order a new trial for Mr. Ferguson," Temposki said, arguing the jury could reasonably have concluded that the fatal injury was a severed artery to the arm sustained when the victim fled through a window.

Temposki told the court there were two principal theories that could support a lesser-included manslaughter instruction: either Ferguson was inside the house and the fatal arm wound occurred during a nonweaponized struggle or while fleeing, or Ferguson was not inside and the wound occurred…