Commonwealth v. Rembiszewski

The defendant was convicted in December, 1970, of murder in the first degree and sentenced to a term of life imprisonment. We affirmed the conviction after plenary review under G. L. c. 278, § 33E. Commonwealth v. Rembiszewski, 363 Mass. 311, 324 (1973). The defendant filed a motion for a new trial on February 19, 1980. The trial judge died before he could act on the motion and, after hearing, the motion was considered by another judge in the Superior Court, and was denied. The defendant then petitioned a single justice of this court, pursuant to G. L. c. 278, § 33E, for leave to appeal from…