GUILLEMETTE v. COMMONWEALTH


375 Mass. 543 (1978)

377 N.E.2d 945

ARTHUR J. GUILLEMETTE vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

June 28, 1978.


Attorney(s) appearing for the Case

Thomas Hoffman for the plaintiff.

Susan C. Mormino, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, LIACOS, & ABRAMS, JJ.


BRAUCHER, J.

In 1957, without counsel, Guillemette pleaded guilty to two indictments. More than eighteen years later, on December 30, 1975, he filed a petition for writ of error, claiming that he was denied the assistance of counsel guaranteed him by the United States Constitution. We hold that he has not carried his burden of proof. In the exercise of our power of general superintendence, however, we grant relief. G.L.c. 211, § 3.

Under Commonwealth...

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