No. 22-6565

Cristian Santa v. Massachusetts

Lower Court: Massachusetts
Docketed: 2023-01-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: expert-opinion expert-testimony factual-investigation ineffective-assistance ineffective-assistance-of-counsel kolenovic-precedent massachusetts-jurisprudence right-to-counsel sixth-amendment trial-counsel
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2023-03-03
Question Presented (AI Summary)

Has Massachusetts jurisprudence, particularly the expansion of Commonwealth v. Kolenovic, 471 Mass. 664 (2015), run afoul of the Sixth Amendment by rubberstamping as manifestly reasonable the decisions made by trial counsel absent a complete factual investigation, which may necessitate the opinion of a qualified expert, to determine the merits of a defense before it is foregone

Question Presented (OCR Extract)

Question Presented 1. Has Massachusetts jurisprudence, particularly the expansion of Commonwealth v. Kolenovic, 471 Mass. 664 (2015), run afoul of the Sixth Amendment by rubberstamping as manifestly reasonable the decisions made by trial counsel absent a complete factual investigation, which may necessitate the opinion of a qualified expert, to determine the merits of a defense before it is foregone.

Docket Entries

2023-03-06
Petition DENIED.
2023-02-16
DISTRIBUTED for Conference of 3/3/2023.
2023-02-13
Waiver of right of respondent Massachusetts to respond filed.
2023-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 17, 2023)

Attorneys

Cristian Santa
Michael Anthony WaryaszLaw Offices of Michael A. waryasz, Petitioner
Michael Anthony WaryaszLaw Offices of Michael A. waryasz, Petitioner
Massachusetts
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent