Commonwealth v. Carroll

A jury convicted the defendant, Ronald L. Carroll, Jr., of operating a motor vehicle while under the influence of alcohol (OUI), G. L. c. 90, § 24(1)(a )(1).2 In this consolidated appeal from the jury's verdict and the order denying the defendant's motion for a new trial, the defendant contends that trial counsel's performance was constitutionally infirm. We affirm both the judgment and the order denying his motion for a new trial.

Discussion. 1. Motion for a new trial. a. Request for hearing. When the motion raises a substantial issue, the "better practice" is for a judge to hold an…