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COMMONWEALTH v. FABIAN

No. 11-P-1705.

83 Mass. App. Ct. 394 (2013)

COMMONWEALTH v. FABIAN F., a juvenile.

Appeals Court of Massachusetts, Suffolk.

March 6, 2013.

Attorney(s) appearing for the Case

John P. Zanini, Assistant District Attorney, for the Commonwealth.

Lois J. Martin for the juvenile.

Present: WOLOHOJIAN, SMITH, & AGNES, JJ.

WOLOHOJIAN, J.

At issue is whether trial counsel was necessarily ineffective in 1988 (when the two-tiered juvenile trial system still existed2) for not claiming a de novo jury trial after a bench trial in which the juvenile had been adjudicated delinquent for rape of a child with force, G. L. c. 265, § 22A. Ruling on a motion for new trial filed twenty-two years later, a District...

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