Post-Conviction Relief in Massachusetts

Not every case that deserves a second look was preserved for direct appeal, and not every avenue for relief ends once an appeal is decided. This page explains motions for new trial and related post-conviction remedies available under Massachusetts law.

What post-conviction relief is.

Post-conviction relief refers to remedies available after a conviction, and often after a direct appeal, has already been decided. The most common vehicle in Massachusetts is a motion for new trial, filed directly with the trial court, which allows a defendant to raise issues that could not have been, or were not, raised during the original trial or direct appeal.

These motions serve a different function than an appeal. Rather than asking a higher court to review the existing record for legal error, a motion for new trial often introduces new evidence or new legal argument that was not, and often could not have been, part of that original record.

How This Differs From a Direct Appeal

Direct Appeal

Reviews the existing trial court record for legal error. Filed on a fixed timeline shortly after conviction or sentencing. Decided by the Appeals Court or, in some cases, the Supreme Judicial Court.

Post-Conviction Relief

May introduce new evidence or argument outside the original record. Can often be filed later, including after a direct appeal has concluded. Decided initially by the trial court, with further appellate review available from an unfavorable ruling.

Common Bases for Relief

As with a direct appeal, not every case presents a viable basis for post-conviction relief. The categories below are among the more common starting points for that analysis.

Newly discovered evidence

Evidence that was not available at the time of trial and that casts real doubt on the conviction.

Ineffective assistance of counsel

Claims requiring development outside the trial record, including facts about counsel's investigation, strategy, or communication with the client.

Withheld or exculpatory evidence

Evidence favorable to the defense that was not disclosed prior to trial, in violation of the Commonwealth's disclosure obligations.

Changes in the law

A subsequent change in controlling law that applies retroactively to the conviction.

Constitutional violations

Violations of due process or other constitutional protections not fully addressed during trial or direct appeal.

What the Process Looks Like

First

Case & record review

The full trial record, and any evidence or information outside it, is reviewed to determine whether a viable basis for relief exists.

Investigation

Where the claim depends on facts outside the existing record, such as an ineffective assistance claim, that factual basis is developed and documented.

Then

Motion drafting

The motion for new trial, or other applicable post-conviction filing, is drafted and supported with the developed record.

Then

Hearing

The trial court may hold an evidentiary hearing before ruling, particularly where the motion depends on facts outside the original trial record.

Finally

Ruling & further review

The court issues a ruling. An unfavorable decision may itself be appealed to the Appeals Court or Supreme Judicial Court.

A strong motion is built on a developed record, not on the trial record alone.

Because post-conviction motions often rely on evidence or facts outside the trial court record, the work behind them looks different from appellate brief writing: closer, at times, to building a case from the ground up. That work rewards the same discipline: careful investigation, precise legal argument, and a record built to withstand close scrutiny.

Not every conviction presents a viable basis for post-conviction relief, and outcomes depend on the specific facts and record in each case. Nothing on this page should be read as a prediction or guarantee about any particular matter. The most reliable way to understand your options is a direct conversation about your case.

If you're considering a motion for new trial or other post-conviction relief, let's talk about your case.

Discuss Your Case 774-260-8943