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Keywords

defendantappealtrialverdictmotionjury instructions
defendantappealtrialmotionjury instructions

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Com. v. Fortini, 68 Mass.App.Ct. 701, 864 N.E.2d 1204

Facts

After several strangers visited his home looking for a female roommate, Fortini went to bed but was awakened by aggressive yelling outside. Concerned for his safety, he armed himself with a shotgun and went to the porch. When an individual approached him aggressively, Fortini, fearing for his life, shot the man. He later claimed self-defense during the trial, which resulted in a conviction for second-degree murder.

After several strangers had visited his home several times throughout the evening looking for one of his female roommates, the defendant went to bed at approximately 11:30 p.m. He was awakened about fifteen minutes later by someone leaning on a car horn outside yelling, 'Honky motherfucker, fucking honky, we're going to get you.'

Issue

Did the trial court err in failing to provide jury instructions on reasonable provocation, and did this error create a substantial risk of a miscarriage of justice?

Did the trial court err in failing to provide jury instructions on reasonable provocation, and did this error create a substantial risk of a miscarriage of justice?

Rule

A jury instruction on reasonable provocation is warranted if there is evidence that would warrant a reasonable doubt that something happened which would have been likely to produce in an ordinary person such a state of passion, anger, fear, fright, or nervous excitement as would eclipse his capacity for reflection or restraint.

A jury instruction on reasonable provocation is warranted if there is evidence that would warrant a reasonable doubt that something happened which would have been likely to produce in an ordinary person such a state of passion, anger, fear, fright, or nervous excitement as would eclipse his capacity for reflection or restraint.

Analysis

The court determined that the defendant was entitled to a proper instruction on reasonable provocation. It noted that the evidence, when viewed in the light most favorable to the defendant, suggested that he was genuinely surprised and threatened by the victim's aggressive approach. The court found that a properly instructed jury could have reasonably concluded that Fortini acted in the heat of passion due to provocation.

The court determined that the defendant was entitled to a proper instruction on reasonable provocation. It noted that the evidence, when viewed in the light most favorable to the defendant, suggested that he was genuinely surprised and threatened by the victim's aggressive approach.

Conclusion

The Appeals Court reversed the denial of the motion for a new trial, concluding that the erroneous jury instructions created a substantial risk of a miscarriage of justice. The verdict was set aside.

The Appeals Court reversed the denial of the motion for a new trial, concluding that the erroneous jury instructions created a substantial risk of a miscarriage of justice.

Who won?

Robert E. Fortini, III prevailed in the case because the court found that he was entitled to jury instructions on reasonable provocation, which were not provided during his trial.

Robert E. Fortini, III prevailed in the case because the court found that he was entitled to jury instructions on reasonable provocation, which were not provided during his trial.

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