FRIED, J.
In June of 1994, the Appeals Court dismissed the defendant's appeal for failure to prosecute. The defendant, acting pro se, then moved for a new trial and appointment of counsel. His motion was denied without hearing by the judge who had presided over his trial, and the Appeals Court affirmed. 41 Mass.App.Ct. 1115 (1996). We granted the defendant's application for further appellate review.
There is a credible and unrebutted claim that the defendant...
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