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Appeals court hears dispute over whether vacated prior conviction prejudiced 2018 trial
Summary
In Commonwealth v. Owen Broadhurst (docket 24P766), defense counsel asked the appeals panel to recognize prejudice from a vacated prior OUI conviction without a new-trial motion, while the Commonwealth said the record is inadequate and such relief should be pursued below.
A three-justice appeals panel heard argument in Commonwealth v. Owen Broadhurst over whether a 2018 trial was prejudiced by a prior conviction that was later vacated. Defense counsel told the court the prior OUI conviction left a “conviction hanging over his head” and hamstrung plea negotiations and sentencing, and asked the court to recognize prejudice on direct appeal rather than require a motion for a new trial.
The defense emphasized the force of Hallinan, saying the Supreme Judicial Court established a presumption of egregious government misconduct in…
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