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Juvenile’s appeal argues plea was not voluntary; court questions legal import of performance guidelines
Summary
In Commonwealth v. Juvenile, defense counsel urged the Appeals Court to order an evidentiary hearing, saying affidavits show trial counsel failed to follow contemporaneous performance standards and that the juvenile did not knowingly and voluntarily enter his plea; the panel pressed whether deviations from performance guidelines alone can render a plea involuntary.
Chief Justice Amy Blake opened argument and told counsel the panel had read the briefs and would move quickly. Laura Chrismer, representing the juvenile, argued the trial court abused its discretion by denying an evidentiary hearing and that multiple affidavits — including from trial counsel and court staff familiar with 2011 performance standards — raised substantial issues about plea voluntariness. Chrismer said the defense used a public records request to show the juvenile had been told he would avoid a “YO” (youth offender) indictment and that that…
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