Commonwealth v. Woodberry

The defendant pleaded guilty to so much of a first degree murder indictment as charged second degree murder, and to indictments charging armed burglary, armed robbery, assault and battery by means of a dangerous weapon, and unlawfully carrying a firearm. This appeal concerns the denial of the defendant’s motion “to withdraw guilty pleas or in the alternative ... for new trial.” The question presented is whether the testimony of the defendant’s “plea attorney” at the motion hearing concerning private communications with the defendant was beyond the scope of the defendant’s waiver of the…