Wednesday, March 13, 2013
Convictions Successfully Overturned - Glickman Turley was successful in overturning 1982 convictions for possession of a firearm, carrying a firearm and assault and battery with a dangerous weapon. The grounds for the motion to vacate were that the defendant's counsel was ineffective because he had failed to file a motion to suppress a warrantless search where the firearm was found and that the district court had failed to provide defendant with the required state immigration warnings under Massachusetts General Laws, Chapter 278, Section 29D. In a seven page written decision, the Roxbury District Court found that defense counsel had failed to file a motion to suppress the warrantless search but relied upon the lack of required immigration warnings to hold that the convictions must be vacated. The court also noted that despite the fact that Immigration and Customs Enforcement ("ICE") had not started removal proceedings to deport the defendant, he was still prejudiced because felony convictions and firearm convictions were a first priority for removal under written ICE policies.
