(Download) "Commonwealth v. Brian J. Fogarty" by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Brian J. Fogarty
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 09, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Constitutional Law, Assistance of counsel. Conflict of Interest. Practice, Criminal, Assistance of counsel, Postconviction relief. Attorney at Law, Conflict of interest. ABRAMS, J. Brian Fogarty was convicted of assault with intent to murder, armed assault in a dwelling house, assault and battery by means of a dangerous weapon, and cocaine trafficking after a jury trial in June, 1987. The defendant appealed and the convictions were affirmed by the Appeals Court. See Commonwealth v. Fogarty, 25 Mass. App. Ct. 693, 521 N.E.2d 1058 (1988). The defendant filed a motion for a new trial, and a complaint for relief pursuant to G. L. c. 211, § 3 (1992 ed.). The motion for a new trial was denied as was the request for extraordinary relief. We affirmed the rulings of the single Justice on the request for extraordinary relief and of the trial Judge on the motion for new trial in a consolidated appeal. See Fogarty v. Commonwealth, 406 Mass. 103, 546 N.E.2d 354 (1989). In that opinion, we stated that, ""if a subsequent motion for a new trial is filed, supported by proper affidavits that establish a facially correct conflict of interest claim, we direct that, to avoid any possible miscarriage of Justice, this motion be heard and decided on the basis of appropriate findings."" Id. at 110.