Lanoue v. Commonwealth

James Lanoue (defendant) appeals from the judgment of a single justice of this court denying, without a hearing, his petition for relief under G. L. c. 211, § 3. This court issued an order stating that S.J.C. Rule 2:21, 421 Mass. 1303 (1995), was inapplicable because the defendant was not challenging an interlocutory order. Accordingly, we allowed him to proceed in the regular appellate course and we now affirm the judgment.

In 1980, the defendant was convicted by a jury of murder in the first degree by deliberate premeditation. Although we determined that no reversible error was committed at…