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Appellate and Post-Conviction Proceedings

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Our client was tried for first-degree murder and assault and battery with a dangerous weapon. After the Commonwealth rested its case, we filed a motion for required finding of not guilty on the murder charge, arguing that the Commonwealth’s evidence was insufficient to convict on that indictment. The judge ultimately agreed and entered a judgment of not guilty on the murder indictment. We successfully argued in the Supreme Judicial Court that the Commonwealth did not have the right to appeal the judge’s ruling, so the acquittal stands.

Our client came to us having been previously convicted second degree murder and serving a sentence of life imprisonment with the possibility of parole after a minimum of 15 years. We represented our client at the initial hearing before the Parole Board, after which the Parole Board voted unanimously to release our client on parole on the first parole petition, having served only 15 years in prison, a result occurring in only 2% of lifer parole hearings since 2011.

After our client had served 35 years in prison for first-degree murder, we filed a motion for new trial based on the Commonwealth’s failure to disclose exculpatory evidence prior to trial. The motion was allowed without opposition, the murder conviction was vacated, our client was released from custody, and the charges were dismissed.

Representing a client who was convicted of aggravated rape and sentenced to a lengthy term of imprisonment, we persuaded the trial judge to vacate the conviction and order a new trial based upon the deliberating jury’s exposure to prejudicial information learned outside the courtroom.

We began representing our client following his conviction of first degree murder. After succeeding in obtaining a reversal of his conviction on appeal, we negotiated an agreement with the District Attorney which resulted in his pleading guilty to manslaughter and serving a total of less than ten years in prison.

After we obtained a reversal of our client’s first degree murder conviction and life sentence on appeal, we reached an agreement with the District Attorney under which our client pled guilty to the lesser offense of manslaughter. She was released after serving approximately five years in prison.

We argued on appeal that our client was entitled to effective assistance of counsel at a Sex Offender Registry Board (SORB) classification hearing. The Supreme Judicial Court agreed and held that sex offenders have a statutory right to effective assistance of counsel during SORB proceedings.

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If you have been accused or convicted of a crime or believe that you may be under criminal investigation, you need to get legal advice as soon as possible. Far too often, unrepresented individuals trying to help themselves inflict irreparable harm instead.

Call us at (617) 720 - 0011

Our mission is to marshal our skill and experience to protect the underdog – to even the playing field; to safeguard liberty, property, and sometimes life; and to champion fundamental principles of justice, equity, and human dignity.

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1666 Massachusetts Avenue,
Suite P-16, Lexington, MA 02420

PHONE: (617) 720-0011
EMAIL: office@rankin-sultan.com

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