2023
Commonwealth v. John Doe
Taunton District Court
FIREFIGHTER PLEADS GUILTY TO ASSAULT & BATTERY, BUT ATTORNEY PATRICK J. NOONAN WINS NEW TRIAL AFTER PROVING THAT THE DEFENDANT’S PLEA WAS NOT MADE INTELLIGENTLY AND VOLUNTARILY.
In 2018, Defendant pled guilty to two-counts of Assault & Battery on a Family / Household Member pursuant to G.L. c. 265, §13M. As a result of his guilty plea, the Defendant lost his job as a firefighter. Defendant hired Attorney Patrick J. Noonan for the purpose of withdrawing his plea, vacating his conviction, and awarding him a trial. Attorney Noonan interviewed the Defendant regarding his decision to plead guilty, and obtained a transcript of the plea hearing. Whenever a Defendant enters a plea of guilty, the judge is required to follow certain rules to ensure that the Defendant’s plea is made intelligently and voluntarily. After thoroughly reviewing the transcript of the plea hearing, Attorney Noonan believed that the judge did not follow the proper procedure in conducting the plea. The prosecution argued that the plea hearing was properly conducted. After a hearing, the court agreed with Attorney Noonan that the plea hearing was not conducted properly, and the court vacated the convictions. The Defendant is now entitled to a trial.
Commonwealth v. John Doe
Plymouth Superior Court
CLIENT WAS CONVICTED AFTER A JURY TRIAL OF RAPE AND INDECENT ASSAULT & BATTERY, BUT ATTORNEY PATRICK J. NOONAN WINS NEW TRIAL BASED ON NEWLY DISCOVERED EVIDENCE.
Attorney Patrick J. Noonan represented the Defendant at a trial in the Plymouth Superior Court on indictments charging him with Rape of Child and Indecent Assault & Battery. The jury found the Defendant guilty on all charges. One-week after the guilty verdict, Attorney Noonan came into possession of newly discovered evidence and immediately filed a Motion for New Trial. Attorney Noonan argued that the newly discovered evidence casts serious doubt on the justice of the conviction and this newly discovered evidence would have played a real factor in the jury’s deliberations. After a hearing, the trial judge agreed with Attorney Noonan and granted the Defendant a new trial. Attorney Noonan was able to secure his client’s release pending his new trial.
Commonwealth v. John Doe
Commissioner of Probation
CONVICTION FOR SEXUAL CONDUCT FOR A FEE IS SEALED FROM CLIENT’S RECORD.
In 2009, the client pled guilty to the offense of Sex for a Fee (G.L. c. 272, §53A). The client was placed on probation for one-year. The client contacted the Law Offices of Gerald J. Noonan to have this criminal conviction sealed from his record. Our office was successful in sealing this criminal conviction from our client’s record.
Commonwealth v. C.M.
Mass. Appeals Court
Docket No.: 102 Mass. App. Ct. 1106 (2023)
Commonwealth v. C.M.
APPEALS COURT AGREES WITH ATTORNEY PATRICK J. NOONAN THAT A NEW HEARING IS REQUIRED TO DETERMINE WHETHER THE DEFENDANT’S PRIOR ATTORNEY WAS INEFFECTIVE.
Defendant, represented by prior counsel, was charged with two-counts of Assault & Battery stemming from two separate incidents in which his ex-wife accused of him physically assaulting her. The case was scheduled for trial. On the advice of his prior attorney, Defendant pled guilty and was sentenced to two years of probation with the condition to complete the batterer’s program. Defendant instantly regretted pleading guilty and admitting to the allegations that he physically assaulted his ex-wife. While represented by new counsel, Attorney Patrick J. Noonan, Defendant alleged that his prior attorney made certain representations to him, which caused him to plead guilty. The issue was whether the prior attorney’s representation to the Defendant amounted to ineffective assistance of counsel, which would invalidate the Defendant’s plea. Attorney Noonan filed a Motion to Withdraw the Pleas and requested a new trial, which was denied by the plea judge. Attorney Noonan appealed the plea judge’s decision to the Massachusetts Court of Appeals, who found that it was error to deny the Defendant’s motion. The Appeals Court vacated the denial of the Defendant’s motion and ordered a new hearing in the District Court to determine whether prior counsel provided ineffective assistance of counsel. It is important to note that the Defendant has not yet proven that prior counsel was ineffective, but the Appeals Court found that the Defendant raised enough of an argument to mandate an evidentiary hearing, with testimony, to determine whether prior counsel was, in fact, ineffective..
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