Commonwealth v. Robideau
464 Mass. 699
| Mass. | 2013Background
- Cordy, J. convicts defendant of first-degree murder and two armed robberies for a fatal December 1963 Fall River bar robbery and shooting; death penalty recommended not imposed; sentenced to life and lesser terms; no direct appeal filed.
- Nearly 45 years later, defendant moved for new trial under Mass. R. Crim. R. 30(b); judge denied amended motion but allowed renewal pending co-defendant Petetabella’s appeal.
- This court previously affirmed Petetabella’s denial of a similar motion, and the defendant appeals that denial as a collateral attack on his conviction.
- Defendant asserts ineffective assistance of trial counsel for not pursuing a direct appeal, arguing for direct-appeal review under c. 278, §33E; also contends instructional and shackling errors as structural.
- The court follows Petetabella, concluding trial counsel was not ineffective and errors were not structural; none created a substantial miscarriage of justice.
- Trial record notes defendant testified and acknowledged involvement; security concerns supported resisting bright-line reversal; Petetabella governs the outcome here.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not appealing | Petetabella standard; ineffective counsel warranted direct-appeal review | Counsel advised no merit to appeal; would risk death penalty on retrial | Not ineffective; Petetabella controls; no direct-appeal review; collateral attack affirmed |
| Whether presumption of innocence instruction is structural error | Error undermines innocence presumption | Instruction error; structural defect | Not structural error; no automatic reversal |
| Whether shackling and security measures were structural errors | Shackling violated due process and presumption of innocence | Security justified; not structural | Not structural; no automatic reversal; no substantial miscarriage of justice |
| Whether the claimed errors created substantial risk of miscarriage | Errors likely affected verdict | No substantial risk; Petetabella guidance applies | No substantial risk; denial of motion affirmed |
Key Cases Cited
- Commonwealth v. Petetabella, 459 Mass. 177 (Mass. 2011) (affirms denial of new trial; governs collateral-review analysis)
- Commonwealth v. Grace, 397 Mass. 303 (Mass. 1986) (standard for reviewing motion-denied rulings in collateral context)
- Commonwealth v. Saferian, 366 Mass. 89 (Mass. 1974) (standard for evaluating counsel performance in serious incompetency)
- Commonwealth v. Randolph, 438 Mass. 290 (Mass. 2002) (substantial risk of miscarriage standard)
- Commonwealth v. Freeman, 352 Mass. 556 (Mass. 1967) (definition of miscarriage of justice)
- Deck v. Missouri, 544 U.S. 622 (U.S. 2005) (execution-stage shackling; applicability considerations)
- Commonwealth v. Sousa, 350 Mass. 591 (Mass. 1966) (context for Petetabella/related convictions)