Commonwealth v. Scott

The defendant was convicted of murder in the first degree on the theory of felony-murder and unarmed robbery. We affirmed the murder conviction and ordered that the robbery conviction be vacated. Commonwealth v. Scott, 428 Mass. 362, 370 (1998). Thereafter the defendant filed a motion in the Superior Court seeking a new trial. See Mass. R. Crim. P. 30 (b), 378 Mass. 900 (1979). The trial judge denied the motion. The defendant sought leave from a single justice of this court, pursuant to G. L. c. 278, § 33E, to appeal from that ruling. The single justice denied the request for leave to appeal,…