33 N.E.3d 411
Mass.2015Background
- Defendant Alfredo Companonio was convicted of murder in the first degree in 1987.
- In 2005 the Massachusetts Supreme Judicial Court affirmed the conviction and several postconviction orders.
- Companonio has filed additional postconviction motions in the trial court, all subsequently denied.
- In December 2014 a single justice denied leave to appeal from the most recent denial under G. L. c. 278, § 33E, viewed as not new and substantial.
- Companonio sought full court review of that denial, challenging the single justice’s ruling.
- The court held that a defendant has no right to appeal a single justice’s denial of leave to appeal under § 33E, and such rulings are final and unreviewable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of leave to appeal is reviewable | Companonio contends for review of the single justice’s denial. | Commonwealth argues the ruling is final and unreviewable. | Appeal dismissed; ruling final and unreviewable. |
Key Cases Cited
- Commonwealth v. Gunter, 456 Mass. 1017 (Mass. 2010) (single justice leave-to-appeal rulings unreviewable)
- Commonwealth v. Nesbitt, 459 Mass. 1005 (Mass. 2011) (limits on review of leave-to-appeal decisions)
- Commonwealth v. Monteiro, 451 Mass. 1009 (Mass. 2008) (same‑court review limitations)
- Commonwealth v. Niemic, 451 Mass. 1008 (Mass. 2008) (same‑court review limitations)
- Commonwealth v. Freeman, 451 Mass. 1006 (Mass. 2008) (same‑court review limitations)
- Commonwealth v. Scott, 437 Mass. 1008 (Mass. 2002) (limitations on reviewing leave decisions)
- Leaster v. Commonwealth, 385 Mass. 547 (Mass. 1982) (special function of single justice actionable not reviewable)