Commonwealth v. Brown

This appeal arises from the denial of defendant Kevin Wayne Brown’s motion for new trial. The defendant asserts that the motion judge erred in rejecting a claim that trial counsel was ineffective for failing to file a pretrial Bishop-*744Fuller motion1 to obtain mental health counseling records of K,2 the child victim. He further contends that newly discovered evidence concerning K’s nondisclosure of alleged abuse by another man while the investigation and prosecution of the defendant was ongoing requires a new trial because that evidence would have substantiated the defendant’s theory that K was…