Commonwealth v. Donlan

On March 16, 1987, Thomas Donlan was indicted by a Plymouth County grand jury for indecent assault and battery on a child under fourteen years of age in violation of G. L. *330c. 265, § 13B, and forcible rape of a child under sixteen years of age in violation of G. L. c. 265, § 22A.1 Nearly ten years later, a trial was held and a jury found Donlan guilty of both offenses.2 Donlan appealed, and the case was entered in the Appeals Court on September 15, 1999. Thereafter, on February 28, 2000, Donlan’s newly appointed appellate counsel filed a motion for a new trial pursuant to Mass. R. Crim. P. 30…