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Appeals court hears claim that trial counsel failed to pursue medical expert in OUI case and disputed prosecutor closing remarks
Summary
The court heard an appeal in Commonwealth v. Mainie over whether trial counsel’s refusal to pursue a medical expert on sleep‑related conditions required an evidentiary hearing and whether the prosecutor’s closing argument improperly referenced the defendant’s right not to testify.
The Massachusetts Appeals Court heard argument in Commonwealth v. Mainie (Docket 24-P-989) on whether trial counsel’s decision not to investigate and present an emergency‑room physician’s affidavit about sleep disorders and related medical conditions required an evidentiary hearing on ineffective assistance of counsel.
Appellant counsel argued that the affidavit from Dr. Rosenbaum — which discussed central sleep apnea, sleep deprivation and how arousal from deep sleep can produce slurred or confused speech — raised a…
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