In this murder case, the defendant on appeal challenged his trial counsel’s performance for failing to move to suppress the defendant’s cell site location information which was obtained through a Stored Communications Act order.
In rejecting this claim, the Court states that the test of ineffective assistance is not to be made with the advantage of hindsight, and that the future change in the law regarding CSLI was not readily apparent.
The case is Commonwealth v. Gosselin, 2019 Mass. Super. LEXIS 1 (Sup. Ct. Mass.) January 9, 2019.