Commonwealth v. DuartAnnotate this Case
The Supreme Judicial Court affirmed the superior court’s denial of Defendant’s motion for a new trial. Following a jury-waived trial, Defendant was convicted of rape, subsequent offense, and indecent assault and battery on a person age fourteen or older. In his motion for a new trial, Defendant argued that his jury waiver was neither knowing nor negligent and that defense counsel was constitutionally ineffective because neither the trial judge nor counsel disclosed that the judge’s son was employed as an assistant district attorney in the office of the district attorney for the district that prosecuted the indictments. The Supreme Judicial held (1) the trial judge’s failure to inform Defendant of his familial relationship with a member of the prosecuting attorney’s office during the jury-waiver colloquy was not error; and (2) although counsel’s failure to inform Defendant of the judge’s familial relationship with a member of the prosecuting attorney’s office fell below behavior that might be expected from an ordinary lawyer, counsel’s failure to do so was not prejudicial.