· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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