No. 21-7260

George K. Mackie v. Massachusetts

Lower Court: Massachusetts
Docketed: 2022-03-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: closing-argument criminal-procedure impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions miscarriage-of-justice prosecutorial-misconduct reasonable-doubt
Latest Conference: 2022-04-22
Question Presented (from Petition)

A. DID THE APPEALS COURT ERR IN HOLDING THAT THE ERROR-LADEN
CLOSING ARGUMENT BY THE PROSECUTER, TAKEN IN ITS TOTALITY,
CREATE A SUBSTANTIAL RISK OF A MISCARRIAGE OF JUSTICE.

B. DID THE APPEALS COURT ERR IN ITS HOLDING THAT THE, TOTALITY
OF ERRORS" COMMITTED BY DEFENDANT'S TRIAL COUNSEL' 227 STiT®:
CONSTITUTE ENEFFECTIVE ASSISTANCE OF COUNSEL, WHERE SUCH
ERRORS INCLUDED FAILING TO OBJECT TO JURY INSTRUCTIONS
WHICH SEPARATED THE JURY'S ROLE AS FACT FINDER FROM THE
REASONABLE DOUBT STANDARD OF PROOF, WHERE THE DEFENDANT'S
ENTIRE CASE RELIED ON THE ARGUMENT THAT THE JURY COULD NOT ,
CONCLUDE BEYOND A REASONABLE DOUBT WHETHER THE DEFENDANT'S
OR THE COMPLAINANT'S VERSION. OF EVENTS WAS TRUE.

Question Presented (AI Summary)

Did the appeals court err in holding that the error-laden closing argument by the prosecutor, taken in its totality, create a substantial risk of a miscarriage of justice?

Docket Entries

2022-04-25
Petition DENIED.
2022-04-07
DISTRIBUTED for Conference of 4/22/2022.
2022-03-31
Waiver of right of respondent Massachusetts to respond filed.
2022-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2022)

Attorneys

George Mackie
George K. Mackie — Petitioner
Massachusetts
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent