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ROBERT E. MONTEIRO vs. COMMONWEALTH.
November 20, 2015.
Supreme Judicial Court, Superintendence of inferior courts. Practice, Criminal, Assistance of counsel.
The petitioner, Robert E. Monteiro, was convicted of murder in the first degree in 1983. This court affirmed the conviction. See Commonwealth v. Monteiro, 396 Mass. 123 (1985). Since then, Monteiro has filed, among other things, two motions for a new trial in the trial court and an earlier application in the county court requesting leave to appeal pursuant to G. L. c. 278, § 33E, all of which have been denied. See Commonwealth v. Monteiro, 451 Mass. 1009 (2008). He has also sought, unsuccessfully, the appointment of counsel to assist with various postconviction motions. Most recently he filed, in the county court, a “Petition to Invoke the Extraordinary Power of the Supreme Judicial [Court] Pursuant to G. L. c. 211, § 3, and G. L. c. 278, § 33E, to Answer the New and Substantial Question Related to G. L. c. 278A, § 5.” A single justice denied the petition, and Monteiro appeals.