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Massachusetts Supreme Judicial Court: Ineffective Assistance of Counsel Where Trial Counsel Believed, Erroneously, He Had Ethical Duty to Tell Prosecution Location of Key Incriminating Evidence Not in Counsel’s Possession
Loaded on Jan. 15, 2023
by Douglas Ankney
published in Criminal Legal News
February, 2023, page 27
Filed under:
Ineffective Assistance of Counsel,
Erroneous Rejection of Challenge,
Evidence - Failure to Disclose.
Location:
Massachusetts.
by Douglas Ankney
The Supreme Judicial Court of Massachusetts held that an actual conflict of interest existed that rendered counsel’s representation constitutionally ineffective where defense counsel erroneously believed he had an ethical duty to disclose to the prosecution the location of key incriminating evidence. Defendant Will Tate’s consent to the ...
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