Commonwealth v. Lanoue

The issue on this appeal is the trial judge’s denial of the defendant’s motion for a new trial solely on the basis that the issues could have been raised on appeal. The defendant was convicted of murder in the first degree. On appeal, this court, in the exercise of its power under G. L. c. 278, § 33E, reduced the verdict to murder in the second degree. Commonwealth v. Lanoue, 392 Mass. 583 (1984) (Lanoue I). We need not repeat the facts which are set forth in Lanoue I, supra.

The ground advanced for a new trial is ineffective assistance of counsel ■ at trial and on appeal. The Commonwealth’s…