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COMMONWEALTH v. HERBERT

445 Mass. 1018 (2005)

COMMONWEALTH v. ROGER C. HERBERT.

Supreme Judicial Court of Massachusetts.

December 12, 2005.

Attorney(s) appearing for the Case

Roger C. Herbert, pro se.

John P. Zanini, Assistant District Attorney, for the Commonwealth.

The defendant, Roger C. Herbert, was convicted of murder in the first degree and armed robbery, and we affirmed the convictions. Commonwealth v. Herbert, 421 Mass. 307 (1995). Herbert subsequently filed in the Superior Court a motion for a new trial, which was denied. Pursuant to the gatekeeper provision of G. L. c. 278, § 33E, Herbert applied to a single justice of this court for leave to appeal from the denial of the...

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