Glenn v. Aiken

The Appeals Court reversed the plaintiff Glenn’s conviction of arson because of an error in the judge’s charge. Glenn’s trial counsel, the defendant in this case, had not properly preserved that issue for appellate review. Commonwealth v. Glenn, 23 Mass. App. Ct. 440 (1987). The court reversed the conviction because the error in the judge’s charge created a substantial risk of a miscarriage of justice. Id. The Commonwealth elected not to retry Glenn, who had already served fourteen months of his sentence. In this action, Glenn seeks to recover against his former trial counsel for malpractice…