Free Newsletter
Criminal – Effectiveness of counsel – Expert witness
Where a defendant convicted of voluntary manslaughter filed a new trial motion claiming that his trial attorneys were ineffective for failing to call a forensic pathologist to challenge the commonwealth's theory that the defendant caused the decedent's death, an evidentiary hearing is necessary to determine whether trial counsel's decision to not call the pathologist was manifestly unreasonable, a[...]
Criminal – Effectiveness of counsel – Plea negotiations
Where a defendant convicted of first-degree murder sought a new trial claiming that his trial counsel ignored his instruction to explore with the prosecutor the possibility of pleading guilty to second-degree murder, an order denying the defendant’s motion for a new trial should be affirmed because the defendant failed to show a reasonable probability that the prosecutor would have entertained a[...]
Conviction upheld despite counsel’s failure to seek plea
The Supreme Judicial Court has affirmed the first-degree murder conviction of a defendant who claimed that his trial counsel ignored his instruction to explore with the prosecutor the possibility of pleading guilty to second-degree murder.
Criminal – Plea – Withdrawal
Where a defendant’s motion to withdraw his plea was allowed by a Superior Court judge who relied on the presence of special circumstances in concluding that the defendant was prejudiced by his plea counsel's ineffective assistance, that decision should be affirmed despite the commonwealth’s argument that the judge abused his discretion in concluding that a reasonable person in the defendant’[...]
Attorney’s racist social media posts merit new trial
The Appeals Court ruled a defendant can withdraw his gun-charge plea after finding his attorney’s racist social media posts created a clear conflict of interest.
Habeas corpus – Effectiveness of counsel
Where a petitioner convicted of first-degree murder sought habeas corpus relief claiming that his trial counsel was ineffective under Strickland v. Washington, 466 U.S. 668 (1984), the dismissal of that petition should be affirmed because a state court’s denial of the petitioner’s request for post-conviction relief did not constitute an “unreasonable application” of Strickland within the m[...]
Attorneys – Bias – Conflict of interest
Where a defendant moved for a new trial, that motion should have been allowed because counsel’s racist beliefs, as evidenced by his social media posts, present an actual conflict of interest even in the absence of any outward manifestations of his racial bias in his treatment of the defendant.
Criminal – Collateral consequences – Plea
Where (1) a jury found a defendant guilty of operating a motor vehicle while under the influence of intoxicating liquor and (2) the defendant later filed a motion for a new trial, claiming that his trial counsel was ineffective in failing to advise him that a conviction would cause him to lose his right to possess firearms, the denial of that motion should be affirmed based on the holding in Commo[...]
Criminal – Ineffective assistance
Where (1) a defendant was convicted of breaking and entering in the nighttime with intent to commit a felony and (2) his subsequent motion for a new trial was denied, the defendant’s argument that trial counsel did not advise him of the immigration consequences of a conviction is foreclosed by Commonwealth v. Marinho, 464 Mass. 115, 128-130 (2013), but a remand is necessary for an evidentiary he[...]
Criminal – Murder
Where a jury found a defendant guilty of first-degree murder, the conviction should be affirmed despite the defendant’s claims of ineffective assistance of counsel and prosecutorial misconduct.
Habeas corpus – Effectiveness of counsel
Where a petitioner has filed a motion pursuant to 28 U.S.C. §2255 challenging his sentence, the motion should be denied because of (1) the lack of any unreasonable errors by trial counsel and (2) the substantial strength of the government’s case.
Criminal – Ineffective assistance
Where a jury convicted a defendant of assault and battery on a police officer (ABPO) and resisting arrest, the convictions must be vacated because the defendant's trial counsel was ineffective in failing to develop a defense and challenge the commonwealth's case.
