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William S. Toppi v. Massachusetts

Paid petition · Appeals Court of Massachusetts, No. 21-P-332 · judgment March 25, 2022


Certiorari denied · February 21, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the sentencing judge and defense counsel were required to recuse themselves after exhibiting clear bias relating to Defendant’s case.

  2. Whether Defense counsels’ performance fell measurably below that of a normal fallible attorney.

  3. Whether the sentencing judge made false assertions to the defendant in eliciting the waiver of constitutional rights.

  4. Whether Massachusetts Appeals Court Rule 23.0 formerly Rule 1:28 is unconstitutional.

Counsel of record

For petitioner
William S. Toppi

For respondent
Anna E. Lumelsky
Massachusetts Attorney General's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 21 2023
    Petition DENIED.
  2. Jan 25 2023
    DISTRIBUTED for Conference of 2/17/2023.
  3. Jan 19 2023
    Waiver of right of respondent Massachusetts to respond filed.
  4. Oct 18 2022
    Petition for a writ of certiorari filed. (Response due January 20, 2023)