No. 22-575

William S. Toppi v. Massachusetts

Lower Court: Massachusetts
Docketed: 2022-12-21
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel judicial-bias massachusetts-appeals-court-rule-23.0 plea-waiver procedural-due-process recusal waiver-of-rights
Latest Conference: 2023-02-17
Question Presented (from Petition)

1. Whether the sentencing judge and defense counsel were required to recuse themselves after exhibiting clear bias relating to Defendant's case.

2. Whether Defense counsels' performance fell measurably below that of a normal fallible attorney.

3. Whether the sentencing judge made false assertions to the defendant in eliciting the waiver of constitutional rights.

4. Whether Massachusetts Appeals Court Rule 23.0 formerly Rule 1:28 is unconstitutional.

Question Presented (AI Summary)

Whether the sentencing judge and defense counsel were required to recuse themselves after exhibiting clear bias relating to Defendant's case

Docket Entries

2023-02-21
Petition DENIED.
2023-01-25
DISTRIBUTED for Conference of 2/17/2023.
2023-01-19
Waiver of right of respondent Massachusetts to respond filed.
2022-10-18
Petition for a writ of certiorari filed. (Response due January 20, 2023)

Attorneys

Massachusetts
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent
William S. Toppi
William S. Toppi — Petitioner