Commonwealth v. Duplak

After a bench trial in the Ayer District Court, a judge convicted the defendant, Jessica L. Duplak, of possession of a class E substance, Gabapentin.2 On appeal from the denial of her motion for new trial, which was consolidated with her direct appeal, the defendant argues that counsel was ineffective for failing to (1) file a motion to suppress statements given in the absence of Miranda warnings; (2) object to the admission of those statements at trial; and (3) present evidence that would bolster her claim that she had a prescription to possess Gabapentin. Because we conclude that the…