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The district court also found that it was bound by the SJC's finding that trial counsel's performance met constitutional standards. At some point in the evening, Pizzolo told Conte that Sullivan was gay.

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Glacken's brief to us, however, does not address the default issue, other than in a single line in a footnote suggesting that the failure to object to the instruction at trial was the result of ineffective assistance of counsel.

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The judge also acted well within his discretion when he chose not to credit the defendant's affidavit.


Responding to a call from a neighbor, the police later found Sullivan's body in the middle of the street. Ruling from the bench after a hearing in which only Glacken presented argument, the district court denied the petition. Here, we have no trouble determining that the SJC consistently applies the rule that contemporaneous objection to a jury instruction is necessary to avoid forfeiture.

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While we could consider this claim waived due to lack of developed argument, see Zannino, F. On the night of June 13, , Glacken and his friend, John Conte, had dinner and then visited several bars. Accordingly, we conclude that Glacken's jury instruction claim was procedurally defaulted, and we do not reach its merits.
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  1. A trail of blood indicated that he had traveled feet from the point where he was stabbed.