Massachusetts Supreme Judicial Court, 1987

Commonwealth v. Lanoue

Massachusetts Supreme Judicial Court · Decided October 7, 1987

400 Mass. 1007; 513 N.E.2d 683; 1987 Mass. LEXIS 1482

Cases that cite this one

24 later published cases cite this decision.

Commonwealth v. Salazar (Mass. 2018)
Commonwealth v. Lanoue (Mass. 1990)
Commonwealth v. DePina (Mass. 2017)
Commonwealth v. Foxworth (Mass. 2015)
Commonwealth v. Correia (Mass. App. Ct. 2013)
Commonwealth v. Loadholt (Mass. 2010)
Commonwealth v. Cutts (Mass. 2005)
Commonwealth v. Williams (Mass. 2003)
Commonwealth v. Sleeper (Mass. 2002)
Commonwealth v. Brandwein (Mass. 2002)
Commonwealth v. Deramo (Mass. 2002)
In re Abrams (Mass. 2002)
Commonwealth v. Watkins (Mass. 2001)
Commonwealth v. Peloquin (Mass. App. Ct. 2001)
Commonwealth v. Van Zant (Massachusetts Superior Court 1999)
Commonwealth v. Anderson (Mass. 1997)
Commonwealth v. Giguere (Mass. 1995)
Commonwealth v. Koney (Mass. 1995)
Haberek v. Commonwealth (Mass. 1995)
Commonwealth v. Sowell (Mass. App. Ct. 1993)
Mugavero v. Merrimack Valley Federal Credit Union, Inc. (Massachusetts Superior Court 1993)
Commonwealth v. Cordle (Mass. 1992)
Commonwealth v. PHILIP S. (Mass. App. Ct. 1992)
Commonwealth v. Sama (Mass. 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The issue on this appeal is the trial judge’s denial of the defendant’s motion for a new trial solely on the basis that the issues could have been raised on appeal. The defendant was convicted of murder in the first degree. On appeal, this court, in the exercise of its power under G. L. c. 278, § 33E, reduced the verdict to murder in the second degree. Commonwealth v. Lanoue, 392 Mass. 583 (1984) (Lanoue I). We need not repeat the facts which are set forth in Lanoue I, supra.

The ground advanced for a new trial is ineffective assistance of counsel ■ at trial and on appeal. The Commonwealth’s rejoinder is that the claim of ineffective assistance of counsel at trial, at least, could have been raised in Lanoue I. This response is hardly realistic because the defendant’s trial *1008counsel was also appellate counsel.

William A. Hahn for the defendant. James M. McDonough, Assistant District Attorney, for the Commonwealth.

Without expressing any view as to the merits of his claim of ineffective assistance of counsel, we are constrained to reverse the order denying the motion for a new trial and to remand the case to the Superior Court for consideration of the motion for new trial on its merits.

So ordered.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.