Fogarty v. Commonwealth

How courts have described this case

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

• affirming judge’s denial of motion for recusal from hearing new trial motion where judge had presided over trial
• new trial ordered where judge did not inquire into motives for defendant’s motion to discharge counsel
• no conflict exists where witness’s purpose is merely to testify as to chain of custody, an issue not critical in the case
• in determining whether a substantial issue necessitates an evidentiary hearing, the judge “looks not only to the seriousness of the claims presented, but also to the adequacy of the defendant’s factual showing on those claims”

Source: CourtListener parenthetical corpus (CC0).