Posts tagged "1018515"

Monteiro v. Commonwealth (Lawyers Weekly No. 10-185-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-11782

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.

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Posted by Stephen Sandberg - November 20, 2015 at 4:39 pm

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