COMMONWEALTH v. BLY.


444 Mass. 640 (2005)

COMMONWEALTH v. JEFFREY BLY.

Supreme Judicial Court of Massachusetts, Suffolk.

July 13, 2005.


Attorney(s) appearing for the Case

Dana Alan Curhan (Brad P. Bennion with him) for the defendant.

Paul B. Linn, Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Andrew Silverman & Brownlow M. Speer, Committee for Public Counsel Services, for Committee for Public Counsel Services.

William J. Meade for District Attorney for the Bristol District & others.

William M. Bennett, District Attorney, for District Attorney for the Hampden District.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


SPINA, J.

The defendant was convicted of the deliberately premeditated murder of Lee Simmons on September 13, 1993, illegally carrying a firearm, and illegal possession of ammunition. He was acquitted of a charge of assaulting Keith Richards with intent to murder. On appeal he argues that he was denied effective assistance of counsel because (1) counsel failed to file a motion to exclude his prior conviction of murder and...

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