Posts tagged "1115515"

Commonwealth v. Henry (and a companion case) (Lawyers Weekly No. 11-155-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   13-P-894                                        Appeals Court   COMMONWEALTH  vs.  LISTON G. HENRY (and a companion case[1]). No. 13-P-894. Barnstable.     June 3, 2015. – October 2, 2015.   Present:  Kafker, C.J., Rubin, & Milkey, JJ.   Abuse Prevention.  Alien.  Practice, Criminal, Plea, Assistance of counsel, Findings by judge.  Constitutional Law, Plea, Assistance of counsel.  Due Process of Law, Plea, Assistance of counsel.       Complaint received and sworn to in the Barnstable Division of the District Court Department on July 29, 2004.   A motion to withdraw a guilty plea and for a new trial, filed on February 28, 2013, was considered by H. Gregory Williams, J., and a motion for reconsideration was heard by him.   Complaint received and sworn to in the Barnstable Division of the District Court Department on March 17, 2005.   A motion to withdraw a guilty plea and for a new trial, filed on February 28, 2013, was considered by Joan E. Lynch, J., and a motion for reconsideration also was considered by her.     Maurice A. Reidy, III, for the defendant. Elizabeth Anne Sweeney, Assistant District Attorney, for the Commonwealth.      KAFKER, C.J.  The defendant, Liston G. Henry, appeals from the denials of his motions to withdraw his 2004 and 2005 guilty pleas to two violations of G. L. c. 209A abuse prevention orders and one count of witness intimidation.  He claims to have received ineffective assistance of counsel regarding the immigration effects of pleading guilty to the charges, as he was not informed that the abuse prevention order violations were deportable offenses and because the defendant, then a lawful permanent resident of the United States, was consequently deported to Jamaica in 2013 and thereby separated from his extended family in the United States.  We vacate the orders denying the defendant’s motions to withdraw his pleas and remand for further factual findings on both motions. 1.  Background.  According to the application for the first complaint, on July 29, 2004, Yarmouth police officer Sean Brewer was dispatched to the home of Robin Edwards.  Edwards reported that she had an active restraining order against the defendant, who is her former boy friend and the father of her son.  The restraining order in question, which included a no-contact provision, had been issued from the Probate and Family Court and served in-hand on the defendant the previous day, July 28, 2004.  Edwards […]

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Posted by Massachusetts Legal Resources - October 2, 2015 at 3:34 pm

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