Reasonable Strategic Choice or Ineffective Assistance of Counsel: Failure to File Motions to Suppress in Massachusetts
Francis D. Doucette
Between 1989 and 2006 the Appeals Court and Supreme Judicial Court of Massachusetts issued opinions in fifteen cases where a major challenge to the defendant’s conviction was trial counsel’s failure to file (or, in one case, to litigate) a motion to suppress. Indeed, in six of these fifteen reported cases, failure to file a motion to suppress was the exclusive issue on appeal. The underlying criminal offenses varied widely and included drunk driving, drug trafficking, home invasion, purse-snatching, unlawful possession of a firearm, and murder. . . .
41 New Eng. L. Rev. 661