Legal Opinion

Commonwealth v. Carter

Massachusetts Appeals Court

Decided January 10, 2018No. 17–P–271Published

1Opinion of the Court

The defendant appeals from an order denying, in part,2 his motion for a new trial, premised on his request to withdraw his guilty pleas to charges of assault and battery by means of a dangerous weapon (count 3) and intimidating a witness (count 5). His motion argued that his pleas were not made intelligently because, during the plea colloquy, the prosecutor did not state sufficient facts to establish all elements of those offenses. The judge's ruling on such a motion is reviewed for abuse of discretion or prejudicial constitutional error. See Commonwealth v. Correa, 43 Mass. App. Ct. 714, 716…

2Cases cited6 opinions

  1. Commonwealth v. MatteiMassachusetts Supreme Judicial Court · 2010
  2. Commonwealth v. TevlinMassachusetts Supreme Judicial Court · 2001
  3. Commonwealth v. CorreaMassachusetts Appeals Court · 1997
  4. Commonwealth v. RiveraMassachusetts Appeals Court · 2010
  5. Commonwealth v. PagelsMassachusetts Appeals Court · 2007

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