Summary
The Massachusetts Supreme Judicial Court dismissed as moot Clarke’s appeal from the denial of his petition under G. L. c. 211, § 3. Clarke had sought to prevent retrial on double jeopardy grounds, but he was retried and convicted while the appeal was pending. The court stated that his double jeopardy claim could be raised in his direct appeal from the convictions.
Topics
Practice areas
Questions Presented
- Whether Clarke's appeal from denial of extraordinary relief under G. L. c. 211, § 3, seeking to prevent retrial on double jeopardy grounds became moot after he was retried and convicted.
- Whether Clarke could raise his double jeopardy claim in a direct appeal from the convictions following the third trial.
Holdings
- The appeal was moot because the specific relief Clarke sought—avoiding retrial on double jeopardy grounds—was no longer available after the retrial and convictions.
- Clarke's double jeopardy argument could be raised in his direct appeal from the convictions entered after the third trial.
Key quotations
“By filing his petition, Clarke was seeking to avoid retrial on the basis of double jeopardy. The specific relief he sought is no longer available as he has been retried and convicted. Thus, his appeal is moot.” (1013)
“Clarke’s double jeopardy argument can adequately be raised (along with any other claimed errors) in his direct appeal from his convictions at the third trial.” (1013)
Factual background
Clarke was indicted for charges arising from an aggravated sexual assault, including rape and kidnapping. His first trial ended in a mistrial because the jury could not reach a verdict, and he was convicted after a second trial. The Appeals Court reversed those convictions based on the prosecutor's improper use of Clarke's right to remain silent. While Clarke's appeal from denial of his G. L. c. 211, § 3, petition was pending, he was retried and convicted again.
Procedural history
Clarke's first trial ended in a mistrial after the jury could not reach a verdict. He was retried and convicted, but the Appeals Court reversed because the prosecutor improperly used his right to remain silent in closing argument. After the Appeals Court's decision, Clarke moved in the Superior Court to dismiss the indictments on double jeopardy grounds; after that motion and his related G. L. c. 211, § 3, petition were denied, he appealed to the full Supreme Judicial Court. While the appeal was pending, Clarke was retried and convicted again, and he filed a direct appeal from those convictions.