Commonwealth v. Espinosa

After a jury trial, the defendant and his codefendant, Brian Rivera, were convicted of armed assault with intent to murder, kidnapping, armed carjacking, armed robbery, and assault and battery by means of a dangerous weapon. On direct appeal, the defendant challenged the judge's jury instruction on eyewitness identification and certain statements made in the prosecutor's closing argument. We affirmed his convictions. Commonwealth v. Rivera, 87 Mass. App. Ct. 1131 (2015).2

The following year, the defendant brought a motion for new trial in which he claimed that his trial counsel was ineffective…