Commonwealth v. Childs

In 1986, the Appeals Court reversed the defendant’s 1984 conviction of murder in the second degree. 23 Mass. App. Ct. 33 (1986), S.C., 400 Mass. 1006 (1987). The Appeals Court reasoned that “the combination of the defense attorney’s failure to attempt to keep the defendant’s pre1963 convictions from the jury, in accord with G. L. c. 233, § 21, First and Second, and his failure to invoke G. L. c. 127, § 152 [which provides for automatic sealing of the criminal records of offenses for which a pardon has been granted], constitute[d] ineffective assistance of counsel.” Id. at 38. The defendant…