46 N.E.3d 551
Mass.2016Background
- Defendant Sylvain Kempess Sylvain, a noncitizen and permanent resident from Haiti, pleaded guilty to one count of possession of cocaine after attorney advised deportation would not follow a short sentence.
- Attorney’s erroneous immigration advice led to subsequent removal proceedings by federal authorities.
- Post-plea, Sylvain moved to vacate under Mass. R. Crim. P. 30(b) alleging ineffective assistance of counsel; motion initially denied.
- We remanded for findings on prejudice in Sylvain I (466 Mass. 422 (2013)) due to insufficient credibility determinations.
- On remand, a judge credited affidavits suggesting immigration concerns were a “live issue” at the plea and that relief would have been sought at trial.
- The Commonwealth sought appellate review challenging reliance on affidavits and arguing no prejudice; the court granted direct appellate review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant showed prejudice from counsel’s immigration advice | Sylvain (Commonwealth) argues no prejudice established | Sylvain argues there were special circumstances suggesting prejudice | Prejudice shown; motion to vacate affirmed. |
| Whether the judge properly relied on affidavits to grant a new trial | Commonwealth contends affidavits alone insufficient | Sylvain contends affidavits adequately support prejudice | Yes; affidavits properly supported new-trial ruling. |
| Standard of review and credibility of affidavits on appeal | Commonwealth claims deference limits credibility finding | Court may credit affidavits and context without cross-examination | Trial judge’s credibility assessments given substantial deference; no error. |
Key Cases Cited
- Commonwealth v. Sylvain, 466 Mass. 422 (Mass. 2013) (Sylvain I; ineffective assistance from plea counsel regarding immigration consequences)
- Commonwealth v. Clarke, 460 Mass. 30 (Mass. 2011) (prejudice standard for plea-withdrawal depends on likelihood of trial absent errors)
- Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (standard for prejudice in guilty-plea cases (reasonable probability of trial))
- Commonwealth v. DeJesus, 468 Mass. 174 (Mass. 2014) (special circumstances standard for immigration-impact cases)
- Commonwealth v. Lavrinenko, 473 Mass. 42 (Mass. 2015) (reaffirmed Clarke framework; credibility deference to motion judge)
- Commonwealth v. Grace, 397 Mass. 303 (Mass. 1986) (deference to judge’s credibility and trial record on postconviction relief)
- Commonwealth v. Stewart, 383 Mass. 255 (Mass. 1989) (guidance on affidavits as basis to decide postconviction issues)
- Commonwealth v. Muniur M., 467 Mass. 1010 (Mass. 2014) (affidavits basis to decide motion for new trial)
- Commonwealth v. Pingaro, 44 Mass. App. Ct. 41 (Mass. App. Ct. 1997) (defers to affidavits for credibility where appropriate)