Commonwealth v. Torres

The defendant was convicted of murder in the first degree on theories of deliberate premeditation and extreme atrocity or cruelty. He filed a motion for a new trial alleging ineffective assistance of counsel, and he requested an evidentiary hearing. The trial judge denied the motion without a hearing. Her indorsement in the margin said, “for the reasons stated in [the Commonwealth’s] opposition.” On appeal the defendant alleges error in the denial of his motion for a new trial, the judge’s failure to make findings, and the judge’s failure to hold an evidentiary hearing on the motion. We…