Opinion
14-P-121
06-21-2018
COMMONWEALTH v. JOHN POWELL.
NOTICE: Summary decisions issued by the Appeals Court pursuant to its rule 1:28, as amended by 73 Mass. App. Ct. 1001 (2009), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28 issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The defendant appeals from the denial of his motion for a new trial, in which he primarily claimed that his trial counsel was ineffective. The defendant conceded at oral argument, and we agree, that waiver or direct estoppel bars each of his claims. And to the extent any survive, we conclude that trial counsel was not ineffective for substantially the same reasons cited in the motion judge's thoughtful and comprehensive decision.
Order denying motion for new trial affirmed.
By the Court (Meade, Maldonado & Shin, JJ.),
The panelists are listed in order of seniority. --------
/s/
Clerk Entered: June 21, 2018.