Commonwealth v. Banister

A jury in the Superior Court convicted the defendant of murder in the first degree (on each of the theories of deliberate premeditation, extreme atrocity or cruelty, and felony-murder), and of other crimes related to the murder. The trial judge considered and denied the defendant’s motion for a new trial and several related posttrial motions.1 Represented by new counsel, the defendant has appealed. We reject his arguments and conclude that there is no basis to afford him any relief pursuant to G. L. c. 278, § 33E. Accordingly, we affirm the orders denying the motion for a new trial and the…