Ewing v. Commonwealth

Shannon Ewing appeals from a judgment of a single justice of this court denying his petition pursuant to G. L. c. 211, § 3. He has filed a memorandum and appendix pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001). We dismiss the appeal as moot.

The issue before us in this appeal is whether the single justice erred or abused her discretion in declining to appoint counsel to assist Ewing with his appeal from an order denying his motion for a new trial in an underlying criminal case.1 See Commonwealth v. Conceicao, 388 Mass. 255, 258-264 (1983) (discussing appointments of counsel…