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Appellate panel hears dispute over resentencing, Rule 30(b) and counsel performance in Hagerty matter
Summary
The court considered whether Rule 30(b) or other procedural vehicles could be used decades after sentencing to obtain resentencing where interconnected life sentences followed a now-vacated felony murder conviction; parties also argued ineffective assistance and retroactive parole impacts.
The Appeals Court heard extended argument Feb. 13 in Commonwealth v. Hagerty (docket 24P629), a decades-spanning dispute over whether a defendant who successfully vacated a felony-murder conviction has an available remedy to seek resentencing on related life sentences. Suzanne Renoux, for George Hagerty, urged the panel that extraordinary procedural relief under Rule 30(b) or equitable relief could be appropriate because the sentencing scheme operated as a unit and the vacatur of the murder conviction plausibly affected the lawful or just sentence for the remaining counts.
Renoux told the court the record reflects an…
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