Citation Numbers: 437 Mass. 1007
Filed Date: 6/26/2002
Status: Precedential
Modified Date: 6/25/2022
The petitioner filed a document in the county court entitled “Appellant’s Motion with Record Appendix for Leave to File an Interlocutory Appeal Pursuant to Mass. R. [A.] P. 15 (c),” 365 Mass. 859 (1974), seeking leave to appeal from an order of a judge in the Superior Court denying his postconviction motion for discovery. See Mass. R. Crim. P. 30 (c) (4), 378 Mass. 900 (1979). The single justice treated the filing as a petition under G. L. c. 211, § 3, and denied it without a hearing. The single justice also denied the petitioner’s motion for reconsideration. The petitioner appeals to the full court. We affirm.
“[Rjelief under G. L. c. 211, § 3, is properly denied where the petitioning party has or had an adequate and effective avenue to seek and obtain the requested relief other than G. L. c. 211, § 3.” Hunt v. McKendry, 434 Mass. 1025, 1026 (2001). In this case, the petitioner sought postconviction discovery in the Superior Court while also moving for a new trial pursuant to Mass. R. Crim. P. 30 (b), 378 Mass. 900 (1979).
The judgment of the single justice denying relief under G. L. c. 211, § 3, is affirmed.
So ordered.
The petitioner proceeded with his appeal pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001). We directed him to proceed according to the regular appellate process.
The motion for a new trial was pending in the Superior Court at the time the petitioner filed this petition in the county court. The petitioner also has a direct appeal from his convictions that has been argued and is pending in the Appeals Court.