Kilburn v. Commonwealth

Andrew Kilburn (petitioner) appeals from a judgment of a single justice of this court denying his petition for relief pursuant to G. L. c. 211, § 3. We affirm.

In 1993, the petitioner was convicted of murder in the first degree. We affirmed his conviction on appeal. See Commonwealth v. Kilburn, 426 Mass. 31 (1997). In 2001, the petitioner moved unsuccessfully for a new trial. We affirmed the denial of that motion. See Commonwealth v. Kilburn, 438 Mass. 356 (2003). In 2005, the petitioner filed a second motion for a new trial, which remains pending. In connection with that motion, the…