Commonwealth v. Rivera

The defendant, Luis Fernando Rivera, Jr., was convicted on two indictments charging murder in the first degree and one indictment charging unlawful carrying of a firearm. See Commonwealth v. Rivera, 424 Mass. 266 (1997), cert. denied, 525 U.S. 934 (1998). After we affirmed the convictions, a Superior Court judge denied the defendant’s motion for a new trial, and a single justice of this court, on December 14, 2004, denied his application for leave to appeal, pursuant to G. L. c. 278, § 33E. In May, 2014, the defendant filed a motion in the county court asking the same single justice to…