COMMONWEALTH v. ALVAREZ


433 Mass. 93 (2000)

COMMONWEALTH v. CARMEN ALVAREZ.

Supreme Judicial Court of Massachusetts, Hampden.

December 21, 2000.


Attorney(s) appearing for the Case

Thomas H. Townsend, Assistant District Attorney, for the Commonwealth.

Myles D. Jacobson for the defendant.

Present: MARSHALL, C.J., ABRAMS, GREANEY, IRELAND, SPINA, COWIN, & SOSMAN, JJ.


SOSMAN, J.

After her conviction of murder in the first degree and assault and battery by means of a dangerous weapon, and while her appeal to this court was pending, the defendant filed a motion for a new trial based on ineffective assistance of counsel. We remanded the motion to the Superior Court. After a three-day evidentiary hearing, the motion judge1 granted the defendant's motion. The Commonwealth has now appealed. We affirm the...

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