· 10/5/2015
Commonwealth v. Lavrinenko
Citations
- 473 Mass. 42
- 38 N.E.3d 278
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- discussing \reasonable probability\ standard and citing Scott, 467 Mass. at 361, and Ferrara, 456 F.3d at 294
- defendant's refugee status entitled to \particularly substantial weight\ because of \risk of persecution\ in country of origin
- plea judge who held evidentiary hearing on motion for new trial was \final arbiter\ on witnesses' credibility
- competent counsel should advise defendant of clear immigration consequence of losing viable opportunity for discretionary relief
- \the clear immigration consequence of the defendant's plea . . . was the substantial risk that he would lose a viable opportunity for discretionary relief\
- failure of a defense attorney to ask their client about citizenship and immigration status can “satisfy the deficient performance prong of the ineffective assistance analysis.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gants, Spina, Cordy, Botsford, Duffly, Lenk, Hines
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.