Weaver v. Commonwealth

Following a trial by jury in the Superior Court, the petitioner was convicted of murder in the first degree and another offense. We affirmed his convictions after review under G. L. c. 278, § 33E. Commonwealth v. Weaver, 395 Mass. 307 (1985). In 1987, the petitioner filed a pro se motion for a new trial in the Superior Court raising issues that, apart from a claim alleging ineffective assistance of trial counsel, the trial judge concluded either had been, or could have been, raised at trial and reviewed on appeal. Accordingly, in 1988, the trial judge filed a memorandum and order “refusing]…