Celester v. Commonwealth

Celester was convicted of murder in the first degree and armed assault with intent to murder, and his direct appeal is pending before this court. He has obtained a stay of his direct appeal on the basis that he intends to file a motion for a new trial in the Superior Court. In connection with that intention, Celester filed a motion in the Superior Court seeking funds for an investigator to locate and interview certain witnesses.1 A judge in the Superior Court *1036denied the motion, concluding that, because the Legislature in G. L. c. 261, § 27C (4), specifically chose not to allow funds for…