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Criminal – Immigration consequences – Plea
Where a defendant’s motion for a new trial was denied, that decision must be reversed because the advice the defendant received regarding the immigration consequences of his guilty plea was constitutionally deficient.
Motor vehicles – OUI – Effectiveness of counsel
Where a defendant was convicted of operating a motor vehicle while under the influence of liquor and negligent operation of a motor vehicle, the judgments must be vacated given that the commonwealth has conceded that the defendant was denied the effective assistance of counsel and that it was error not to admit third-party culprit evidence.
Immigration – Effectiveness of counsel
Where a petitioner’s motion to reopen her appeal based on her counsel's ineffective assistance for failing to file a brief was denied by the Board of Immigration Appeals, a remand must be ordered because (1) the BIA did not explain how the petitioner failed to meet the requirements of Lozada v. INS, 857 F.2d 10 (1st Cir. 1988), (2) there is a reasonable probability of prejudice based on counsel'[...]
Juvenile – Effective assistance – Transfer hearing
Where a transfer hearing was held to determine whether a defendant should be tried as an adult, the defendant was entitled to the effective assistance of counsel at the transfer hearing.
Defendant entitled to effective assistance at transfer hearing
The Supreme Judicial Court ruled that a defendant is entitled to effective counsel at transfer hearings determining adult trial eligibility under G.L.c. 119, §72A.
Criminal – Ineffective assistance – Hearing impairment
Where a defendant was convicted of violating an abuse prevention order, a remand must be ordered because the defendant made a substantial showing of ineffective assistance of counsel in addressing the defendant's hearing impairment, entitling him to an evidentiary hearing.
Criminal – Murder
Where a defendant convicted of two counts of first-degree murder filed a motion for a new trial, the denial of that motion should be affirmed despite the defendant’s argument that he was entitled to a new trial due to (1) the commonwealth’s failure to disclose a segment of an audio recording of a police interview with a potential trial witness, (2) newly discovered anomalies that cast doubt on[...]
Defense bar: SJC’s ‘Santana’ ruling offers lots for lawyers, judges to consider
Massachusetts SJC in 'Commonwealth v. Santana' rules defendant entitled to evidentiary hearing on claim plea counsel failed to warn of mandatory deportation.
Criminal – Plea – Immigration consequences
Where (1) a defendant who pleaded guilty to possession of a controlled substance with intent to distribute filed a motion to withdraw his plea on the basis that plea counsel failed to inform him that his plea rendered his deportation virtually mandatory and (2) that motion was denied without an evidentiary hearing primarily on the basis that plea counsel's affidavit averring that he did not tell t[...]
Denial of motion to withdraw plea reversed by SJC
A defendant’s motion to withdraw his guilty plea on the basis that defense counsel failed to inform him that his plea rendered his deportation virtually mandatory should not have been denied without an evidentiary hearing, the Supreme Judicial Court has ruled in a split decision.
Criminal – Ineffective assistance
Where a defendant moved for a new trial after he was convicted of indecent assault and battery on a child, an order denying that motion must be reversed because the defendant’s because trial counsel failed to object to what amounted to inadmissible hearsay.
‘Below-threshold DNA’ evidence warrants new trial, judge rules
A Superior Court judge ordered a new trial for a Milford man convicted of manslaughter, citing new DNA evidence and ineffective assistance of counsel.
