Legal Question in Criminal Law in Massachusetts

Petitions for Writs of Error

Does the Massachusetts State Laws or perhaps the State constitution allow for a post conviction relief by allowing a filing for writs of error to have guilty pleas expunged ?

At issue of the petitions for writs of error is whether the petitions' pleas of guilty were coerced. This is based on verbal comments made by a trail judge during a pre-trial hearing, in such that (after she reviewed the physical evidence) she was " convinced of the defendants guilt and he should go to jail". These statement were made before the Prosecutor and the Defendant attorney, who in turn advised his client of the Judges' comments and urged a change in plea to guilty to avoid a trail and jail. Because the threat of punishment weighted to heavily on the defendant, if he exercised his right to trail, he reluctantly changed his plea to guilty. He pleaded guilty and the charge (felony) remained the same. He received 5 Years probation.

Is such a threat made by a judge a violation of his constitutional rights?

Cite: 346 Mass 403, 193 N.E.2d 578


Asked on 6/30/00, 10:29 am

2 Answers from Attorneys
Chester V. Shea III Law Offices of C.V.Shea III

Re: Petitions for Writs of Error

One can always file a motion regarding the plea based on poor counsel, voluntary considerations, and the judge's comments. The likelihood of success is minimal at best. However, since the judge could have been recused, that particular judge would not have heard the case and a valid trial ,ay have taken place.

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Answered on 9/05/00, 9:12 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Petitions for Writs of Error

Write me backchannel at [email protected].

I'd like to know the name of the judge and the defense attorney.

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Answered on 9/06/00, 8:04 pm


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