LIACOS, C.J.
The plaintiff, Theodore Trigones, brought an action for declaratory judgment in the Supreme Judicial Court for Suffolk County challenging the constitutionality of G.L.c. 278, § 33E (1992 ed.). That statute requires a defendant convicted of murder in the first degree to obtain leave from a single justice of this court in order to appeal from the denial of postconviction motions filed after the court issues a rescript on the defendant's direct appeal...
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