Gonsalves v. Commonwealth

The Supreme Judicial Court affirmed the judgment of the county court denying, without a hearing, Petitioner’s petition for relief under Mass. Gen. Laws ch. 211, 3, holding that the single justice did not err or abuse his discretion in denying extraordinary relief.Petitioner was indicted for assault and battery and, several months later, witness intimidation. The Commonwealth filed a motion to prohibit the two attorneys in the two cases from engaging in duplicative trial procedures. A superior court judge allowed the motion in large part. Petitioner’s petition challenged that order. The single justice denied relief on the ground that Petitioner had an adequate remedy in the normal appellate process. The Supreme Judicial Court affirmed, holding that Petitioner did not meet his burden under S.J.C. Rule 2:21 of setting forth the reasons why relief could not adequately be obtained on appeal or by other available means. View "Gonsalves v. Commonwealth" on Justia Law