Guillemette v. Commonwealth

In 1957, without counsel, Guillemette pleaded guilty to two indictments. More than eighteen years later, on December 30, 1975, he filed a petition for writ of error, claiming that he was denied the assistance of counsel guaranteed him by the United States Constitution. We hold that he has not carried his burden of proof. In the exercise of our power of general superintendence, however, we grant relief. G. L. c. 211, § 3.

Under Commonwealth v. Penrose, 363 Mass. 677 (1973), the matter should have been dealt with by a motion for a new trial rather than by a writ of error. Perhaps because the…