Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
COMMONWEALTH v. Bruce ANDERSON.
The defendant, Bruce Anderson, was convicted of murder in the first degree by reason of deliberate premeditation and extreme atrocity or cruelty. Commonwealth v. Anderson, 408 Mass. 803, 803-804, 563 N.E.2d 1353 (1990). In 2018, he filed a motion for a new trial, which was denied.1 He then applied to a single justice of this court for leave to appeal from the denial, pursuant to the gatekeeper provision of G. L. c. 278, § 33E. The single justice denied the application. Anderson has appealed from the single justice's ruling, and the Commonwealth has moved to dismiss the appeal.
A single justice, acting as a gatekeeper pursuant to G. L. c. 278, § 33E, may allow an appeal to the full court to proceed under that statute if the appeal presents a “new and substantial” question. See Commonwealth v. Gunter, 459 Mass. 480, 487, 945 N.E.2d 386, cert. denied, 565 U.S. 868, 132 S.Ct. 218, 181 L.Ed.2d 119 (2011). If the appeal fails on either count, and the single justice denies the application, that decision “is final and unreviewable.” Commonwealth v. Gunter, 456 Mass. 1017, 1017, 924 N.E.2d 687 (2010). “A defendant who is denied leave to appeal from a single justice acting as a gatekeeper pursuant to the last sentence of G. L. c. 278, § 33E, has no right to appeal from the single justice's ruling denying leave.” Commonwealth v. Companonio, 472 Mass. 1004, 1004, 33 N.E.3d 411 (2015), quoting Gunter, 456 Mass. at 1017, 924 N.E.2d 687. The defend-ant’s attempt to appeal from the single justice's denial of his application must therefore be dismissed.
Appeal dismissed.
FOOTNOTES
1. The defendant had twice previously filed a motion for a new trial, but withdrew each of the motions before they were acted on in the Superior Court.
RESCRIPT
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: SJC-12667
Decided: July 16, 2019
Court: Supreme Judicial Court of Massachusetts.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)