Salley v. StateAnnotate this Case
The Supreme Judicial Court vacated the judgment of the trial court denying Appellant’s petition for postconviction relief on the grounds of ineffective assistance of counsel. Appellant was found guilty of gross sexual assault, assault, and tampering with a victim. The Supreme Court affirmed on appeal. Appellant then filed a petition for postconviction review, arguing in part that he was deprived of the effective assistance of trial counsel because trial counsel opened the door to damaging evidence or failed to object to certain testimony elicited on cross-examination. The trial court denied the petition. The Supreme Judicial Court remanded the matter, holding that, contrary to the trial court’s conclusion, Appellant did not waive his challenge to counsel’s effectiveness in responding to the testimony of a specific witness at trial.