Commonwealth v. Forbes (2016): The Commonwealth claimed that the defendant’s child died due to shaken baby syndrome and a blunt force injury. He pled guilty to second degree murder. Fourteen years later, the judge allowed the defendant’s motion to withdraw his guilty plea, finding that his attorney had rendered ineffective assistance by advising him to plead guilty without having any experts review the evidence. There was no appeal.
Commonwealth v. Tavares (2015): The SJC reversed a first degree murder conviction due to improper jury instructions. 471 Mass. 430.
Commonwealth v. Winquist (2014): A witness refused to testify after the trial judge found that he did not have a privilege against self-incrimination and he was found in civil contempt of court. The Appeals Court, in an unpublished decision, found that the witness did have a valid privilege and it vacated the contempt finding.
Commonwealth v. Sullivan (2013): The defendant had been found in violation of probation. The Appeals Court, in an unpublished decision, vacated the violation and remanded the case for a new hearing because the defendant’s right to counsel had been violated when he was compelled to represent himself at the original hearing.
Commonwealth v. Boggs (2012): The defendant had been found in violation of probation. The trial court allowed a motion for a new probation revocation hearing due to ineffective assistance of counsel. The Commonwealth did not appeal that decision.
Commonwealth v. Bensalah (2010): The defendant filed a motion to withdraw his guilty pleas to two charges. The judge allowed the motion as to one charge because the defendant had been given an illegal sentence, but he denied the motion as to the second charge. The Appeals Court, in an unpublished opinion, reversed the decision as to the second charge because there was no factual basis for the conviction.
Commonwealth v. Montina (2010): The Appeals Court, in an unpublished decision, reversed a drug conviction because a drug analysis certificate was improperly introduced into evidence without having the analyst testify.
Commonwealth v. Avila (2007): The defendant had pled to three crimes in one court and two crimes in another. The judge in the first court allowed a motion to withdraw the plea, he vacated the conviction on the most serious charge in that court because there was no factual basis for it, and at a resentencing hearing he significantly reduced the sentences on the other two charges. On a motion to withdraw the plea in the second court, the judge granted a resentencing hearing because the invalid conviction in the first court had been a factor at the original sentencing hearing, and after the resentencing hearing the sentences were significantly reduced. There was no appeal.
Commonwealth v. Austin (2006): The trial judge allowed a motion to correct illegal sentences. At resentencing the maximum sentence was cut in half.
Commonwealth v. Bent (2006): The trial judge allowed a motion to correct an illegal sentence and reduced the sentence at a resentencing hearing.
Commonwealth v. Daniels (2006): The trial judge allowed a motion for a new trial due to ineffective assistance of trial counsel. The Commonwealth did not appeal that decision.
Commonwealth v. Buck (2005): The trial judge allowed a motion for a new trial based on newly discovered evidence. That decision was affirmed by the Appeals Court, 64 Mass. App. Ct. 760.
Commonwealth v. Southard (2004): The trial judge granted a motion for a new trial due to ineffective assistance of trial counsel. That decision was affirmed by the Appeals Court in an unpublished decision.
Commonwealth v. Romeo (2003): The trial court allowed a motion for a new trial due to ineffective assistance of trial counsel. The Commonwealth did not appeal that decision.
Commonwealth v. McNeil (2002): The Appeals Court, in an unpublished decision, reversed the conviction due to insufficiency of the evidence.
Commonwealth v. Egardo (1997): The trial judge denied a motion for a new trial. The Appeals Court reversed that decision due to ineffective assistance of trial counsel, 42 Mass. App. Ct. 41. When the Supreme Judicial Court took the case, Dennis Shedd had to withdraw because he was entering Peace Corps, but the Court subsequently affirmed the decision of the Appeals Court, 426 Mass. 48.