Haberek v. Commonwealth

William S. Haberek (defendant) was convicted of murder in the first degree in 1985. See Commonwealth v. Habarek, 402 Mass. 105 (1988). In 1992, the defendant sought a release from custody and a new trial. He also sought an evidentiary hearing on his motion. The trial judge denied the motion without a hearing on the ground that the motion raised no “question which could not have been raised in the original appeal.” The defendant sought leave to appeal from a single justice of this court. See G. L. c. 278, § 33E (1994 ed.). The defendant also sought remand to the Superior Court for an…