waived claim in Massachusetts

2023Id.; Commonwealth v. Randolph, 438 Mass. 290, 294-95 (2002). -------------------------------------------- [22] Although juries today are extensively instructed regarding the limitations of eyewitness identification, it was not error at the time of Mercado's trial to refuse to give a more detailed instruction.

2018Commonwealth v. Randolph , 438 Mass. 290 , 293, 296 (2002).

2026See Rotkiewicz, 431 Mass. at 752 n.3.

2026Welfare, 395 Mass. 107, 111 (1985), which concerned a Medicaid applicant's waived claim that an administrative agency failed to apply a Federal regulation under which she could be eligible for benefits.

2026Welfare, 395 Mass. 107, 111 (1985), which concerned a Medicaid applicant's waived claim that an administrative agency failed to apply a Federal regulation under which she could be eligible for benefits.

2025L. c. 278, § 33E." See Commonwealth v. Bettencourt, 447 Mass. 631 , 633-634 & n.2 (2006) (Commonwealth generally cannot obtain reversal of suppression decision on ground not raised to motion judge); Commonwealth v. Quint Q., 84 Mass. App. Ct. 507, 514 (2013) (Bettencourt rule "also appl[ies] to defendants and arguments not made below"). [10] The Commonwealth understandably reads our decision in Commonwealth v. Santos, 95 Mass. App. Ct. 791 , 795-797 (2019), to require review of the defendant's waived claim for a substantial risk of a miscarriage of justice.

2018See Martin v. Commonwealth, 53 Mass. App. Ct. 526, 532-533 (2002) (assertion of "boilerplate defenses" does not meet rule 9 [c] particularity 1 The appeal relates only to the negligence claim.

2014See Strickland v. Washington, 466 U.S. 668, 692 (1984) ("Actual or constructive denial of the assistance of counsel altogether is legally presumed to result in prejudice," as is "state interference with 2 Indeed, it would be anomalous if a waived claim reviewed on direct appeal under a substantial risk standard could be recast as a claim of ineffective assistance of counsel in which prejudice would be presumed. 10 counsel's assistance"); United States v. Cronic, 466 U.S. 648 , 659 & n.25 (1984).

2014In Strickland, supra at 692 , the United States Supreme Court went on to identify one additional circumstance where "a similar, though more limited, presumption of prejudice" would apply: where "counsel is burdened by an actual conflict of interest." "Even so, the rule is not quite the per se rule of prejudice that exists for the Sixth Amendment claims mentioned above [denial altogether and State interference with counsel].