Commonwealth v. Lynes
Massachusetts Appeals Court
1Opinion of the Court
The trial judge did not abuse his discretion in denying the defendant’s motion for a new trial and motion for reconsideration of that denial. Mass.R.Grim.P. 30(b), 378 Mass. 900 (1979).
1. There was no error by the judge in denying the motions without first appointing counsel to represent the defendant on these postconviction matters and without conducting an evidentiary hearing. Mass.R.Crim.P. 30(c) (5) and (6), 378 Mass. 901 (1979). Of the eleven recited reasons alleged to require a new trial, ten concerned the trial judge’s charge to the jury and involved no factual issues. The eleventh…
2Cases cited9 opinions
- Commonwealth v. RodriguezMassachusetts Supreme Judicial Court · 1979
- Commonwealth v. McLaughlinMassachusetts Supreme Judicial Court · 1973
- Commonwealth v. PisaMassachusetts Supreme Judicial Court · 1981
- Commonwealth v. MooreMassachusetts Supreme Judicial Court · 1979
- Commonwealth v. DurantMassachusetts Appeals Court · 1980
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3Cited by2 opinions
- Commonwealth v. ConceicaoMassachusetts Supreme Judicial Court · 1983
- Commonwealth v. GagnonMassachusetts Appeals Court · 1994