Massachusetts Supreme Judicial Court November 21, 2006 (Commonwealth v. Cook)

In support of his appeal, Cook relies on Haberek v. Commonwealth, 421 Mass. 1005 (1995), a case in which, without explanation, the court entertained an appeal following the denial of a gatekeeper petition. There, as here, the defendant was represented by the same counsel at trial and on appeal and argued that he could not, therefore, have previously raised his ineffective assistance claim. Id.