Commonwealth v. Colon
Commonwealth v. Colon
Opinion
Colon also filed what appears intended to be a memorandum and appendix pursuant to S.J.C. Rule 2:21. That rule is inapplicable here, as Colon is not seeking relief from any interlocutory ruling of the trial court.
Raymond Colon purports to appeal from the judgment of a single justice of this court pursuant to the gatekeeper provision of G. L. c. 278, § 33E, denying leave to appeal from the denial of his fourth motion for a new trial on charges of
murder in the first degree and other offenses.
1
The single justice also denied Colon's two ancillary motions to transfer his gatekeeper petition, either to the full court or to the Superior Court. The Commonwealth has moved to dismiss the purported appeal.
2
We agree that the appeal must be dismissed, as it is well established that the decision of the gatekeeper is final and unreviewable. See, e.g.,
Commonwealth
v.
Robinson
,
Appeal dismissed .
Reference
- Full Case Name
- COMMONWEALTH v. Raymond COLON.
- Cited By
- 1 case
- Status
- Published