Commonwealth v. LaChance

After a jury trial, Defendant was convicted of aggravated rape, kidnapping, and related crimes. In his third motion for a new trial, Defendant argued that his trial counsel was ineffective for failing to object to a court room closure during jury empanelment. The motion judge denied the motion without a hearing. Defendant sought reconsideration of the denial of his motion, arguing that prejudice under the second prong of the standard regarding ineffective assistance of counsel set forth in Commonwealth v. Saferian must be presumed due to the structural nature of the right to a public trial. The judge denied the motion. The Supreme Judicial Court affirmed, holding that where a defendant has procedurally waived a Sixth Amendment public trial claim by not raising it at trial and later raises the claim as one of ineffective assistance of counsel in a collateral attack on his conviction, the defendant is required to show prejudice from trial counsel’s deficient performance, and the presumption of prejudice that would otherwise apply to a preserved claim of structural error does not apply. View "Commonwealth v. LaChance" on Justia Law