Commonwealth v. Sylvester
476 Mass. 1
| Mass. | 2016Background
- In 2002 William Sylvester (age 23) pleaded guilty to indecent assault and battery (against a 15‑year‑old) and two counts of larceny; sentence included six months to serve and probation.
- Plea counsel allegedly told Sylvester he would "have to register" as a sex offender but did not explain the registration consequences; Sylvester later failed to register multiple times and received further convictions and a sentence including community parole supervision for life (CPSL) after 2006 changes.
- In 2013 Sylvester moved to withdraw his 2002 guilty plea under Mass. R. Crim. P. 30(b), claiming ineffective assistance of counsel because he was not advised of the consequences of sex‑offender registration and would not have pleaded guilty if properly informed.
- The motion/plea judge denied relief, finding (a) registration law changes occurred after 2002 so counsel could not be clairvoyant; (b) registration consequences were collateral under existing precedent; (c) the docket and the judge’s practice showed Sylvester received notice; (d) no proof counsel’s impairment affected representation; and (e) no prejudice given the strong case against Sylvester.
- The Supreme Judicial Court affirmed, holding that under the statutory scheme as it existed in 2002 counsel’s failure to explain sex‑offender registration consequences did not constitute constitutionally ineffective assistance under the Sixth Amendment or art. 12.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plea counsel was constitutionally ineffective for failing to explain sex‑offender registration consequences at the 2002 plea | Sylvester: Padilla framework requires warnings when consequence has a "close connection" to the criminal process; registration met that test | Counsel: In 2002 registration consequences were collateral; Padilla does not abolish direct/collateral distinction outside deportation; counsel not required to predict later statutory changes | Held: No ineffective assistance — 2002 registration scheme did not have the Padilla‑level "close connection"; counsel not constitutionally ineffective |
| Whether Padilla abrogated the direct/collateral distinction generally so that registration warnings were required | Sylvester: Padilla blurred direct/collateral and requires warnings for consequences closely tied to conviction | Commonwealth: Padilla was limited to deportation; Massachusetts treats Padilla as non‑abrogating of the general distinction | Held: Padilla limited; only deportation clearly within Sixth Amendment scope; court applies but does not extend Padilla to 2002 registration scheme |
| Whether statutory or rule‑based warnings (G. L. c. 6 §178E(d), Mass. R. Crim. P. 12, plea form) created a constitutional duty to warn in 2002 | Sylvester: Legislative and court materials show need to warn defendants | Commonwealth: Statute required a judge’s notice but made noncompliance not a ground to vacate; Rule 12 and plea form did not require registration notice in 2002 | Held: Statute and forms signaled some recognition but did not make warning a constitutional requirement in 2002 |
| Whether the defendant demonstrated prejudice to satisfy Strickland/Rule 30(b) | Sylvester: He would not have pleaded guilty if fully informed | Commonwealth: Strong case, long record, and lack of transcript; defendant failed to rebut presumption plea was proper | Held: No prejudice shown; motion judge did not err in denying withdrawal |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (2010) (Sixth Amendment duty to advise about deportation because of its close connection to the criminal process)
- Chaidez v. United States, 133 S. Ct. 1103 (2013) (clarifies Padilla did not abolish direct/collateral distinction across the board)
- Strickland v. Washington, 466 U.S. 668 (1984) (standard for ineffective assistance of counsel)
- Commonwealth v. Shindell, 63 Mass. App. Ct. 503 (2005) (failure to warn about registration treated as collateral consequence under Massachusetts law)
- Commonwealth v. Roberts, 472 Mass. 355 (2015) (civil confinement not "practically inevitable"; collateral‑consequence analysis and prejudice inquiry)
- Commonwealth v. Clarke, 460 Mass. 30 (2011) (discusses rule‑based plea warnings and statutory context for immigration/other collateral consequences)
- Commonwealth v. Domino, 465 Mass. 569 (2013) (duty to register commences on conviction and relief from registration is limited)