Commonwealth v. Francis
| Docket Number | SJC-12683 |
| Decision Date | 24 June 2020 |
The Supreme Judicial Court held that Defendant's right to choice of private counsel and right to be present during a critical stage of the proceedings under both the federal and state constitutions were violated during his criminal trial, requiring automatic reversal absent waiver, but that the delay of more than thirty years in bringing these claims under these circumstances waived the claims under state and federal constitutional law
In 1982, Defendant was convicted of murder in the first...
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9 cases
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Commonwealth v. Ralph R.
... ... We do not agree. "[S]tructural errors can be procedurally waived just like any other constitutional error, and ... ‘the term "structural error" carries with it no talismanic significance as a doctrinal matter.’ " Commonwealth v. Francis , 485 Mass. 86, 108, 147 N.E.3d 491 (2020), cert. denied, ––– U.S. ––––, 141 S. Ct. 2762, 210 L.Ed.2d 908 (2021), quoting Weaver v. Massachusetts , ––– U.S. ––––, 137 S. Ct. 1899, 1910, 198 L.Ed.2d 420 (2017). Where a defendant objects to a judge's response to an ... ...
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Commonwealth v. Fernandes
... ... Gautreaux , 458 Mass. 741, 752-753, 941 N.E.2d 616 (2011). Neither the Sixth Amendment to the United States Constitution nor art. 12 of the Massachusetts Declaration of Rights entitles indigent defendants to choose the particular attorney appointed to represent them. Commonwealth v. Francis , 485 Mass. 86, 97, 147 N.E.3d 491, 503-04 (2020), citing United States v. Gonzalez-Lopez , 548 U.S. 140, 144, 126 S.Ct. 2557, 165 L.Ed.2d 409 (2006). Finally, for reasons discussed infra , defense counsel's representation here was never burdened by any "actual" conflict of interest. Declining ... ...
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Commonwealth v. Barbosa
... ... 15 162 N.E.3d 1263 Because the error was structural, it requires automatic reversal. See Commonwealth v. Francis, 485 Mass. 86, 104, 147 N.E.3d 491 (2020), petition for cert. filed, U.S. Supreme Ct., No. 20-6731 (Dec. 24, 2020); Conefrey, 410 Mass. at 13, 570 N.E.2d 1384.Conclusion. The judgment of conviction of rape is affirmed. The judgment of conviction of being a habitual criminal is vacated and the ... ...
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Commonwealth v. Santos
... ... at 621, 739 N.E.2d 1100.4 The docket does not reflect a finding that Santos is indigent. Even if it did, a client has the right to retain private counsel if he is able. See Commonwealth v. Francis, 485 Mass. 86, 97, 147 N.E.3d 491 (2020) (indigent defendant has "the right to be represented by an otherwise qualified attorney whom that defendant can afford to hire" [citation omitted]).5 This rule serves multiple salutary purposes: it allows the parties to plan and evaluate the financial risks ... ...
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