Commonwealth v. Conaghan

I depart from the majority because I conclude the defendant is entitled to an evidentiary hearing on the issue whether her plea was voluntary.

“In determining whether a ‘substantial issue’ meriting an evidentiary hearing under rule 30[1] has been raised, we look not only at the seriousness of the issue asserted, but also to the adequacy of the defendant’s showing on the issue raised.” Commonwealth v. DeVincent, 421 Mass. 64, 67 (1995), quoting from Commonwealth v. Stewart, 383 Mass. 253, 257-258 (1981). See generally Smith, Criminal Practice and Procedure *320§§ 1250-1260 (2d ed. 1983 & Supp.…