defendant raises claim in Massachusetts

2018"A prosecutor may argue 'forcefully for a conviction based on the evidence and on inferences that may reasonably be drawn from the evidence.' Commonwealth v. Kozec , 399 Mass. 514 , 516 [ 505 N.E.2d 519 ] (1987). 'When a defendant raises a claim of error regarding a prosecutor's closing argument, we consider (1) whether the defendant seasonably objected; (2) whether the error was limited to collateral issues or went to the heart of the case; (3) what specific or general instructions the judge gave the jury which may have mitigated the mistake; and (4) whether the error, in the circumstances, p

2018"A prosecutor may argue 'forcefully for a conviction based on the evidence and on inferences that may reasonably be drawn from the evidence.' Commonwealth v. Kozec , 399 Mass. 514 , 516 [ 505 N.E.2d 519 ] (1987). 'When a defendant raises a claim of error regarding a prosecutor's closing argument, we consider (1) whether the defendant seasonably objected; (2) whether the error was limited to collateral issues or went to the heart of the case; (3) what specific or general instructions the judge gave the jury which may have mitigated the mistake; and (4) whether the error, in the circumstances, p

2025To sustain a claim of ineffective assistance of counsel, the defendant must show that "behavior of counsel [fell] measurably below that which might be expected from an ordinary fallible lawyer," and that such behavior "likely deprived the defendant of an otherwise available, substantial ground of [defense]." Commonwealth v. Saferian, 366 Mass. 89, 96 (1974). "[T]he preferred method for raising a claim of ineffective assistance of counsel is through a motion 3 for a new trial." Commonwealth v. Zinser, 446 Mass. 807, 810 (2006). "[A]n ineffective assistance of counsel challenge made on the trial

2023Under the well-known Saferian standard, we ask whether there has been "serious incompetency, inefficiency, or inattention of counsel -- behavior of counsel falling measurably below that which might be expected from an ordinary fallible lawyer -- and, if that is found, then, typically, whether it has likely deprived the defendant of an otherwise available, substantial ground of defence." Commonwealth v. Saferian, 366 Mass. 89, 96 (1974).

2018"A prosecutor may argue 'forcefully for a conviction based on the evidence and on inferences that may reasonably be drawn from the evidence.' Commonwealth v. Kozec , 399 Mass. 514 , 516 [ 505 N.E.2d 519 ] (1987). 'When a defendant raises a claim of error regarding a prosecutor's closing argument, we consider (1) whether the defendant seasonably objected; (2) whether the error was limited to collateral issues or went to the heart of the case; (3) what specific or general instructions the judge gave the jury which may have mitigated the mistake; and (4) whether the error, in the circumstances, p

2018"A prosecutor may argue 'forcefully for a conviction based on the evidence and on inferences that may reasonably be drawn from the evidence.' Commonwealth v. Kozec , 399 Mass. 514 , 516 [ 505 N.E.2d 519 ] (1987). 'When a defendant raises a claim of error regarding a prosecutor's closing argument, we consider (1) whether the defendant seasonably objected; (2) whether the error was limited to collateral issues or went to the heart of the case; (3) what specific or general instructions the judge gave the jury which may have mitigated the mistake; and (4) whether the error, in the circumstances, p

2017Commonwealth v. Diaz , 448 Mass. 286 , 289 (2007).

2012“Such an ineffective assistance claim is in its ‘weakest form’ because ‘it is bereft of any explanation by trial counsel for his actions and suggestive of strategy contrived by a defendant viewing the case with hindsight.’ ” Commonwealth v. Diaz, 448 Mass. 286, 289 (2007), quoting from Commonwealth v. Peloquin, 437 Mass. 204 , 210 n.5 (2002). “[T]he preferred method for raising a claim of ineffective assistance of counsel is through a motion for a new trial,” where an appropriate factual record can be developed.

2026Commonwealth v. Wardsworth, 482 Mass. 454, 478 (2019).

2025See id.

2025To sustain a claim of ineffective assistance of counsel, the defendant must show that "behavior of counsel [fell] measurably below that which might be expected from an ordinary fallible lawyer," and that such behavior "likely deprived the defendant of an otherwise available, substantial ground of [defense]." Commonwealth v. Saferian, 366 Mass. 89, 96 (1974). "[T]he preferred method for raising a claim of ineffective assistance of counsel is through a motion 3 for a new trial." Commonwealth v. Zinser, 446 Mass. 807, 810 (2006). "[A]n ineffective assistance of counsel challenge made on the trial

2023Finally, to the extent that the defendant raises a challenge to the judge's refusal to allow trial counsel to cross-examine the girlfriend about the victim's prior bad acts, based on her brief description of the victim as "a loving, kind guy," nothing about that aspect of the girlfriend's testimony "blew the door open on [the victim's] prior reputation," as defense counsel argued at trial. "[T]he prosecutor is entitled to tell the jury something of the person whose life ha[s] been 13 lost in order to humanize the proceedings." 12 Commonwealth v. Santiago, 425 Mass. 491, 495 (1997), S.C., 427 M

2023See Commonwealth v. Holliday, 450 Mass. 794, 816 , cert. denied sub nom.

2023Where the defendant raises a claim that the evidence was insufficient to prove the defendant's violation of his probation by a preponderance of the evidence, we examine the record to determine whether it "discloses sufficient reliable evidence to warrant the findings by the judge." Commonwealth v. Morse, 50 Mass. App. Ct. 582, 594 (2000).

2018See id . at 144 , 99 N.E.3d 827 .

2018See United States v. MacDonald , 456 U.S. 1 , 7 n.7, 102 S.Ct. 1497 , 71 L.Ed.2d 696 (1982) ; Butler , 464 Mass. at 713 , 985 N.E.2d 377 .

2018See United States v. MacDonald , 456 U.S. 1 , 7 n.7, 102 S.Ct. 1497 , 71 L.Ed.2d 696 (1982) ; Butler , 464 Mass. at 713 , 985 N.E.2d 377 .

2017See Commonwealth v. Buswell, 468 Mass. 92, 106 (2014); Mass. G.

2016See J.E.B. v. Alabama, 511 U.S. 127 (1994) (extending Batson to cover discrimination on the basis of gender).

2013“A challenge to the sufficiency of an indictment must be raised by a motion to dismiss prior to trial or it will be deemed waived, unless the defendant raises a claim that the court lacks jurisdiction or the indictment fails to charge an offense.” Commonwealth v. Senior, 454 Mass. 12, 14 (2009).

2005If the defense is “affirmative,” once a defendant raises the defense to a charge and the defense is supported by sufficient evidence, the defendant is entitled to have a jury instruction on the defense, and the Commonwealth has the burden of disproving the defense. 18 Cf. Commonwealth v. Lopes, 440 Mass. 731, 740 (2004) (self-defense in murder case); Commonwealth v. Epsom, 399 Mass. 254, 257 (1987) (same); Commonwealth v. Klein, supra at 831 (deadly force during citizen arrest).

2005If the defense is “affirmative,” once a defendant raises the defense to a charge and the defense is supported by sufficient evidence, the defendant is entitled to have a jury instruction on the defense, and the Commonwealth has the burden of disproving the defense. 18 Cf. Commonwealth v. Lopes, 440 Mass. 731, 740 (2004) (self-defense in murder case); Commonwealth v. Epsom, 399 Mass. 254, 257 (1987) (same); Commonwealth v. Klein, supra at 831 (deadly force during citizen arrest).

2005If the defense is “affirmative,” once a defendant raises the defense to a charge and the defense is supported by sufficient evidence, the defendant is entitled to have a jury instruction on the defense, and the Commonwealth has the burden of disproving the defense. 18 Cf. Commonwealth v. Lopes, 440 Mass. 731, 740 (2004) (self-defense in murder case); Commonwealth v. Epsom, 399 Mass. 254, 257 (1987) (same); Commonwealth v. Klein, supra at 831 (deadly force during citizen arrest).