COMMONWEALTH v. GOODREAU


442 Mass. 341 (2004)

COMMONWEALTH v. ROBERT E. GOODREAU.

Supreme Court of Massachusetts, Hampden.

August 12, 2004.


Attorney(s) appearing for the Case

Jane Davidson Montori, Assistant District Attorney, for the Commonwealth.

Alan Jay Black for the defendant.

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


SOSMAN, J.

The issue on appeal is whether the motion judge abused his considerable discretion when, without first conducting an evidentiary hearing, he denied the defendant's motion for a new trial. The Appeals Court, opining that the affidavits submitted in support of the motion were sufficient to raise a serious issue with respect to the defendant's competence at the time of his guilty plea, held that the judge had abused his discretion in ruling on the motion without...

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