United States First Circuit

District court abused its discretion by not holding an evidentiary hearing to resolve or clarify factual issues ultimately crucial to defendant's claim of ineffective assistance of counsel. Remanded for an evidentiary hearing on defendant's post-trial motion for a new trial based on ineffective assistance.

Appellate Information

• Decided 12/12/2003
• Published 12/12/2003

Judges

• STAHL, Senior Circuit Judge., Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and STAHL, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Raymond J. Rigat, with whom Gilbride & Rigat was on brief for Defendant-Appellant., Paul G. Levenson, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, and Adam J. Bookbinder, Assistant United States Attorney, were on brief for Appellee.