Commonwealth v. Brito

Although there are peripheral claims of ineffective assistance of counsel, this case focuses on the question whether the defendant was denied due process of law and his right to trial by jury when he elected to waive a jury trial and to proceed to trial before a judge who knew that, in accord with his counsel’s advice, the defendant had initially decided to plead guilty and then, contrary to that advice, changed his mind. We granted direct appellate review. We conclude that the defendant, faced with overwhelming evidence of his guilt and on notice that the judge knew that he had once decided…