Massachusetts Supreme Judicial Court January 31, 2007 (Commonwealth v. Diaz)

Sosman, J.

The defendant, Juan Diaz, was convicted of murder in the first degree (on theories of deliberate premeditation and extreme atrocity or cruelty) in connection with the shooting *287death of the victim, Joel Martinez.1 On appeal, the defendant claims that he was denied effective assistance of counsel. He also asks this court to exercise its power under G. L. c.