Commonwealth v. Keane

Convicted of rape by a Superior Court jury, the defendant, after a jury-waived trial, was sentenced pursuant to G. L. c. 279, § 25, as an habitual offender. He appeals, essentially claiming jury coercion, ineffective assistance of counsel, and erroneous denial of his motion to dismiss the habitual offender indictment. We affirm.

1. Coercion of the jury. Arguing that the judge’s instruction pursuant to Commonwealth v. Rodriquez, 364 Mass. 87 (1973), was coercive in the circumstances, the defendant asserts his trial counsel’s failure to object was an error so substantial as to require reversal…