Commonwealth v. Monteiro
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The Supreme Judicial Court affirmed a single justice's denial of Appellant's motion for the appointment of counsel filed in connection with a gatekeeper application that Appellant had filed in the county court pursuant to Mass. Gen. Laws ch. 278, 33E, holding that the single justice did not abuse her discretion.
Appellant, who was convicted of murder in the first degree and related charges, filed several motions for postconviction relief. The Supreme Court eventually directed a single justice of the court to consider Appellant's gatekeeper application for leave to appeal from the superior court's denial of his motion for the appointment of counsel to prepare and file a motion for forensic testing and his request to have counsel appointed for purposes of the application. The single justice denied the gatekeeper application and Appellant's request for the appointment of counsel. The Supreme Judicial Court affirmed the order denying Appellant's motion for the appointment of counsel, holding that Appellant failed to show that the single justice abused her discretion or that the denial of appointed counsel resulted in any unfairness or deprived him of meaningful access to review of his gatekeeper application.
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