Commonwealth v. Aspen

A jury convicted Richard Aspen (the defendant) of (1) one count of rape of a child under sixteen, (2) six counts of rape, (3) two counts of indecent assault and battery, and (4) one count of assault and battery. The complainant is the defendant’s stepdaughter. The convictions were upheld on direct appeal. See Commonwealth v. Aspen, 53 Mass. App. Ct. 259 (2001).1 The defendant moved for a new trial, asserting various claims, including ineffective assistance of trial counsel and ineffective assistance of appellate counsel. The motion was denied. The defendant appeals.2 We now reverse the order…