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COMMONWEALTH v. MEANS

SJC-10262.

454 Mass. 81 (2009)

COMMONWEALTH v. MARK MEANS.

Supreme Judicial Court of Massachusetts, Plymouth.

June 12, 2009.

Attorney(s) appearing for the Case

Deborah Bates Riordan (Theodore F. Riordan with her) for the defendant.

Audrey Anderson Kachour, Assistant District Attorney, for the Commonwealth.

Beth L. Eisenberg & Kristen J. Graves, Committee for Public Counsel Services, & Robert D. Fleischner & Susan F. Stefan, for Committee for Public Counsel Services & another, amici curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

MARSHALL, C.J.

We consider whether, conformably with the constitutionally guaranteed right to assistance of counsel in a criminal case,1 a defendant may be held to have forfeited his right to counsel at trial by reason of his wrongful behavior (doctrine of forfeiture), a novel issue in Massachusetts. Cf. United States v. Leggett, 162 F.3d 237, 249-251 (3d Cir. 1998), cert. denied, 528 U.S...

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