Reasonable Strategic Choice or Ineffective Assistance of Counsel: Failure to File Motions to Suppress in Massachusetts

Francis D. Doucette

Article PDF:

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


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s