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Wednesday, April 23, 2025

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Defense lawyer double bind

BOSTON — The Massachusetts Supreme Court upheld an order for a new trial for a person who had been convicted of murder. His counsel did not effectively represent him during a police interview, so the police obtained information useful to the prosecution, but then she continued to represent the defendant. The attorney did not file to suppress evidence from that interview on grounds of ineffective assistance of counsel, as this would be self-incriminating — clearly a conflict of interest.

Read the ruling here.

Categories / Appeals, Briefs, Criminal

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