COMMONWEALTH v. SCHEFFER

No. 96-P-205.

43 Mass. App. Ct. 398 (1997)

COMMONWEALTH v. ROBERT SCHEFFER

Court of Appeals of Massachusetts, Bristol.

August 20, 1997.


Attorney(s) appearing for the Case

Benjamin H. Keehn, Committee for Public Counsel Services, for the defendant.

Cynthia M. Brackett, Assistant District Attorney, for the Commonwealth.

Present: WARNER, C.J., KASS, & JACOBS, JJ.


KASS, J.

Robert Scheffer was convicted by a jury of rape of a child (G. L. c. 265, § 23) and indecent assault and battery of a child under the age of fourteen (G. L. c. 265, § 13B). We think there is merit to the defendant's assertion on appeal that his trial lawyer rendered ineffective assistance when he failed to press for a voir dire of the victim about prior instances of sexual abuse. The Commonwealth conceded on the appeal that, in any event, the conviction...

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