COMMONWEALTH v. EARL


393 Mass. 738 (1985)

473 N.E.2d 193

COMMONWEALTH vs. HERBERT G. EARL, JR.

Supreme Judicial Court of Massachusetts, Berkshire.

January 23, 1985.


Attorney(s) appearing for the Case

Thomas T. Merrigan for the defendant.

Robert J. Carnes, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & LYNCH, JJ.


WILKINS, J.

On April 19, 1974, after the defendant had pleaded guilty to three indictments, a Superior Court judge sentenced the defendant to three concurrent life sentences to be served from and after any sentence he was then serving. On March 2, 1981, the defendant filed a motion to withdraw his guilty pleas. A hearing on the motion was held before a different Superior Court judge (the motion judge) because the judge who had taken the guilty pleas (the plea judge...

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