Commonwealth v. Arroyo

A Superior Court jury convicted the defendant of armed assault with intent to murder, assault by means of a dangerous weapon, and unlawful possession of a loaded firearm. His motion for a new trial, based on ineffective assistance of counsel, was denied. On appeal, the defendant claims the judge abused her discretion in denying the motion. Specifically, the defendant contends that his trial counsel was constitutionally ineffective for (1) failing to request a jury instruction on the lesser included offense of assault with intent to kill, (2) failing to call two witnesses, (3) failing to…