Opinion
09-P-47
10-05-2011
COMMONWEALTH v. ROBERT E. WILLIAMS.
NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 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.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The pro se defendant, Robert E. Williams, raises a number of issues related to prior guilty pleas and convictions arising out of multiple offenses. Much of what he raises here has already been subject to careful appellate review. See Commonwealth v. Williams, 70 Mass. App. Ct. 1106 (2007); Commonwealth v. Williams, 71 Mass. App. Ct. 348, further appellate review denied, 451 Mass. 1105 (2008). To the extent that he raises new issues in this appeal, we conclude that they have no merit for the reasons stated in the Commonwealth's brief at pages 13-31. In particular we note that Hingham police report #70018 is included in the list of discovery materials referenced in an August 25, 1999, letter from an assistant district attorney to the defendant's counsel of record. As for the claim that counsel was ineffective for not objecting to the alleged all-white jury, the defendant has presented no evidence here 'to support the alleged underrepresentation or to show that any ' underrepresentation [was] due to systematic exclusion of the group in the jury selection process." Commonwealth v. Iglesias, 426 Mass. 574, 579 (1998), quoting from Commonwealth v. Tolentino, 422 Mass. 515, 519 (1996). Furthermore, we discern no error in the judge's instructions as now objected to by the defendant.
Order denying motion to revise or revoke sentence affirmed.
Order denying motions for new trial affirmed.
By the Court (Kafker, Green & Grainger, JJ.),