Commonwealth v. Melo

On October 1, 1996, the defendant was convicted by a jury of unlawful possession of a class A substance (i.e., heroin) with intent to distribute, G. L. c. 94C, § 32. He failed to prosecute an otherwise timely appeal from the judgment, and the appeal was dismissed pursuant to Standing Order 17A of this court. Approximately eight years after his conviction, on September 22, 2004, the defendant filed a motion for a new trial pursuant to Mass.R.Crim.P. 30(b), as appearing in 435 Mass. 1501 (2001), which was denied by the motion judge, who had also been the trial judge, without a hearing. The…