Commonwealth v. Mitchell

A jury convicted the defendant of two indictments charging murder in the first degree by reason of deliberate premeditation and extreme atrocity or cmelty. The defendant’s motion for a new trial was denied by the trial judge, on the basis of affidavits, without an evidentiary hearing. The defendant is represented on appeal by the counsel who represented him in connection with his motion for a new trial. The defendant argues that he was denied constitutionally effective assistance of counsel (and incurred violations of other constitutional rights) when his trial counsel, relying on Mass. R.…