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Appeals court weighs whether trial counsel's choices denied Anthony Austin chance to present favorable risk evidence
Summary
Edward O'Brien argued that trial counsel's failure to call a defense expert and to highlight recent prison‑treatment records and risk‑label context created a substantial risk of miscarriage of justice in Anthony Austin's civil‑commitment proceedings.
Edward O’Brien, arguing for appellant Anthony Austin, told the Massachusetts Appeals Court that Austin — held under civil commitment statutes and serving an indeterminate sentence — was denied the opportunity to present material expert and record evidence at trial. O’Brien said trial counsel failed to call a defense expert, Dr. Bard, and did not press recent prison‑treatment records showing improved…
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