Commonwealth v. Hennessey
Massachusetts Appeals Court
1Opinion of the CourtKass, J.
In Commonwealth v. Hennessey, 17 Mass. App. Ct. 160 (1983) (Hennessey I), we affirmed Hennessey’s conviction of murder in the second degree. Thereafter, on March 28, 1984, the defendant moved pro se for a new trial and the appointment of counsel.
With the assistance of fresh counsel, Hennessey pressed his motion for a new trial on two grounds: (1) newly discovered evidence, and (2) deprivation of the right to testify at trial in his own behalf. As to the latter ground, Hennessey asserts that his desire to take the stand was overborne by his lawyer and that the trial judge, on his own…
2Cases cited38 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Wainwright v. SykesSupreme Court of the United States · 1977
- Harris v. New YorkSupreme Court of the United States · 1971
- Estelle v. WilliamsSupreme Court of the United States · 1976
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3Cited by36 opinions
- Momon v. StateTennessee Supreme Court · 2000
- State v. BeyOhio Supreme Court · 1999
- Torres-Arboledo v. StateSupreme Court of Florida · 1988
- United States v. Courtney Dave Pennycooke Courtney PennycookeCourt of Appeals for the Third Circuit · 1995
- Commonwealth v. DegroMassachusetts Supreme Judicial Court · 2000
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