Gould v. State

The Supreme Judicial Court affirmed the judgment of the trial court summarily dismissing Appellant's petition for post-conviction review asserting that he had received ineffective assistance of counsel at a probation revocation hearing, holding that the trial court did not err but, as recently announced in Petgrave v. State, __ A.3d ___ (2019), Defendant now has a procedure by which he can pursue his claim.In Petgrave, the Supreme Judicial Court held that a defendant has a right to the effective assistance of counsel at a revocation hearing and that a defendant who contends that he or she received ineffective assistance of counsel at a probation revocation hearing may pursue that claim by filing a properly supported motion for a new trial pursuant to M.R.U. Crim. P. 33. In the instant case, the Court held that Appellant may file a motion for a new revocation hearing in the trial court within thirty-five days following the issuance of the Court's mandate. View "Gould v. State" on Justia Law