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COMMONWEALTH v. GARCIA

No. 04-P-12.

66 Mass. App. Ct. 167 (2006)

COMMONWEALTH v. FRANK E. GARCIA, JR.

Appeals Court of Massachusetts, Worcester.

April 20, 2006.

Attorney(s) appearing for the Case

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

James L. Sultan (Jonathan P. Harwell with him) for the defendant.

Present: Kantrowitz, Cohen, & Graham, JJ.

KANTROWITZ, J.

When former trial counsel testified, at a hearing on the defendant's motion for a new trial due to ineffective assistance of counsel, that "it is not my practice to talk to government witnesses" and that he puts on his own witnesses "cold," the first prong of Saferian1 was essentially established. When trial counsel failed to interview and call a witness who, in...

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