The Massachusetts Criminal Law, and the Massachusetts Constitution, guarantees all American Citizens the Right to counsel, and if one can't be afforded, one will be appointed by the court's.
My guaranteed constitutional right to the appointment of counsel, would result in the appointment of 6 attorneys, over a span of 44 years time, before I was released on parole in 2022, through one of the 3 Constitutional Right's Violations that remained present since 1981, and 6 attorneys.
1978, Calvin Wier was appointed to represent me on trial, for a First Degree Murder Indictment. I saw him personally, less than 6 times during the entire trial. Phone conversations were also as limited.
1981, Calvin Wier is reappointed to represent me on Direct Appeal, where he hires Brian M. McMahon to file the direct appeal on my behalf, with himself standing in, I imagine. I don't understand the duties of 1 attorney, so I wonder why I needed 2, unless the 1 appointed was not qualified to handle direct appeals.
In any event, neither of the 2 attorneys contacted me during any point or time in the direct appeal process, and they failed to raise at that time, 2 of the 3 preserved constitutional claims from the trial, as well as failed to submit critical evidence of the plea bargain, which supported the enforceable agreement. My sentence was reversed in 2022, on this claim that was present in 1981.
1990, appointed Roger Cox, he was appointed to raise 1 of the preserved constitutional violations that was not failed by the first 2 attorneys. I requested that he file an appeal of ineffective assistance of counsel, and return me to my direct appeal
status.
He informed me not to try and be a jailhouse attorney, or listen to jailhouse attorneys. He even gave me a history lesson on where he studied law, and whom under.
The motion was denied without a hearing. I Never met him in person, and only had 3 phone conversations, that were of different strategies.
2010, I am appointed Ruth Greenberg, to raise a motion on the Constitutional Violation of my right to face my accuser. The prosecutor conceded the constitutional violation occurred, but the Judge disregarded the facts that were presented, and denied the claim over the prosecutors admittance of the Constitutional Right's violation committed by the judge and prosecutor.
Attorney Greenberg had 1 year to file an appeal on the motion, but informed me that there was nothing else we could do. I would find out 2 years later, that an appeal within the one year time frame, is standard legal practice and court rules. She said when asked 2 years later, that she didn't know that option was available.
2018, the court's would reappoint attorney Greenberg to reopen my case, without my request, without my consent, and without finding out if I even wanted to reopen my case, or the grounds thereof.
I would terminate her services, for a conflict of interest, and she would then seek out my next attorney, and uses the court's, or whatever services they use, to hire my next attorney for me, again, without my request or consent.
Is this an example of the Guaranteed Constitutional Right to the appointment of counsel, is to be expected from Free court appointed counsel, when you are indigent, or a person of color?
After 44 years of court appointed legal representation, I think I also have the right to question those appointments, and have someone explain to me how, and/or why my constitutional right to the appointment of counsel, ( The Effective Assistance Of Counsel ) was denied during every leg of my trial.
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