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New reconstruction evidence and ineffective-assistance claim pressed in Pino appeal
Summary
In the appeal by Lisa Pino, counsel argued newly marshaled reconstruction evidence showing a possible vehicle 'blind spot' could undercut a negligent-operation verdict and that the motion judge erred in denying an evidentiary hearing; the court questioned whether the Safarian/Strickland prejudice inquiry should be objective and whether the judge’s post-hoc reasoning is binding.
Mary Rogers, counsel for appellant Lisa Pino, urged the Appeals Court to find the trial court should have granted an evidentiary hearing on newly developed reconstruction evidence showing a possible blind spot and, she argued, that defense counsel's failure to present that proof amounted to ineffective assistance under Seafarian standards.
Rogers emphasized that the motion judge acknowledged a potential alternative ground but nonetheless denied relief, writing in the motion decision that even…
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