Commonwealth v. Martinez

Convicted of murder in the first degree on the *170theory of deliberate premeditation, the defendant appeals. Prior to the appeal being heard, the defendant moved to strike the original brief filed on his behalf. A single justice of this court declined to strike the brief1 and a motion for a new trial was remanded to the Superior Court. After hearing, the Superior Court judge denied the defendant’s motion for a new trial. The defendant appeals from his conviction of murder in the first degree and from the denial of his motion for a new trial. The appeals have been consolidated. For the reasons…