Breese v. Commonwealth

A single justice of this court allowed a motion of Glen J. Breese (defendant) for leave to appeal, see Leaster v. Commonwealth, 385 Mass. 547 (1982); G. L. c. 278, § 33E (1990 ed.), a claim of ineffective assistance of counsel. The defendant was convicted of murder in the first degree. We affirmed the conviction. See Commonwealth v. Breese, 381 Mass. 13 (1980). Leave to appeal a second motion for new trial was allowed and the defendant’s conviction was affirmed. See Commonwealth v. Breese, 389 Mass. 540 (1983). The appeal now before us claims that counsel on the second appeal was ineffective…