Commonwealth v. Gautreaux

941 N.E.2d 616 (2011)

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Commonwealth v. Gautreaux

Massachusetts Supreme Judicial Court
941 N.E.2d 616 (2011)

  • Written by Liz Nakamura, JD

Facts

Amaury Gautreaux (defendant), a citizen of the Dominican Republic residing in the United States, was arrested on three counts, ultimately pleaded guilty to reduced charges, and was assigned probation instead of prison time. Several years later, based on the conviction, the Department of Homeland Security issued a deportation order. Gautreaux moved to vacate the guilty plea and moved for a new trial, arguing that the Commonwealth of Massachusetts (plaintiff) had violated his right under the Vienna Convention on Consular Relations (the Vienna Convention) to have the Dominican Republic’s consulate notified about his arrest. Gautreaux argued that his outcome at trial would have been different if the consulate had been notified; however, Gautreaux did not provide any evidence regarding the type of information and assistance he would have received had the Dominican consulate been timely notified about Gautreaux’s arrest. The district court denied Gautreaux’s motion, holding that Gautreaux had failed to meet his burden of proof for postconviction relief. The district court also noted that Massachusetts caselaw did not provide a set remedy for Vienna Convention violations. Gautreaux appealed.

Rule of Law

Issue

Holding and Reasoning (Cordy, J.)

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