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COMMONWEALTH v. STOTE

SJC-09582.

456 Mass. 213 (2010)

COMMONWEALTH v. JOHN STOTE.

Supreme Judicial Court of Massachusetts, Hampden.

March 5, 2010.

Attorney(s) appearing for the Case

Bernard Grossberg for the defendant.

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

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

MARSHALL, C.J.

At issue in this case is whether, during the defendant's appeal from his conviction of murder in the first degree, defense counsel was burdened by an actual or potential conflict of interest arising from his intimate personal relationship with an assistant district attorney in the appellate division of the office that represented the Commonwealth on appeal, such that the defendant was deprived of the effective assistance

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