Commonwealth v. Monteiro

The single justice’s decision, acting as a gatekeeper pursuant to G. L. c. 278, § 33E, is final and unreviewable. Commonwealth v. Scott, 437 Mass. 1008 (2002). Commonwealth v. Ambers, 397 Mass. 705, 710-711 (1986), and cases cited. Monteiro’s assertion that he could not have previously raised his ineffective assistance of counsel claim because his trial and appellate counsel were employed by the same agency, Commonwealth v. Egardo, 426 Mass. 48, 49-50 (1997), “ignores not only the nature of plenary review, see G. L. c. 278, § 33E, but also the single justice’s determination as gatekeeper that…