Commonwealth v. Deeran

By the Court.

In his motion for postconviction relief, the defendant urges a substantial double jeopardy claim1 which has *589not been considered by any court on the merits. He also advances a less established, but nevertheless nontrivial, contention that he has never effectively waived that claim. See Commonwealth v. Clark, 379 Mass. 623, 626 (1980), & notes 2-4, infra. In 1976, a single justice of the Supreme Judicial Court held that the defendant’s double jeopardy challenge was foreclosed. The defendant’s present motion for a new trial raises a nonfrivolous issue which requires review of that…