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· 3/3/1983

Commonwealth v. Westmoreland

Citations

  • 446 N.E.2d 663
  • 388 Mass. 269
  • 1983 Mass. LEXIS 1290

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • abandonment of McHoul and Gould defenses at final argument deprived defendant of effective assistance of counsel
  • ineffective assistance of counsel found where counsel presented evidence supporting three defenses but abandoned two of them in closing, arguing only weakest one
  • the abandonment of insanity defense at closing argument likely deprived defendant of otherwise available, substantial ground of defense
  • statement, “I’m not making any statement knowing that I am being held for this alleged murder of said person,” not invocation when immediately followed with proclamations of innocence without provocation
  • in summation, counsel failed to discuss evidence in support of possibly viable defense theory
  • items recovered from crime scene generally admissible but must still be relevant

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Abrams, Nolan, Lynch, O'Connor

Read full opinion on CourtListener

Sourced 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.