Summary
The Supreme Judicial Court of Massachusetts affirmed the denial of Lawrence Watson’s petition for extraordinary relief concerning alleged failures to docket an appeal, assemble and transmit an appellate record, and provide court documents and recordings. The court held that these matters should generally be addressed through appropriate trial-court motions and the ordinary appellate process. It remanded the case to the county court to ensure that the promised documents and audiotapes were made available to Watson.
Holdings
- A party alleging inaction in docketing a notice of appeal or assembling and transmitting an appellate record must ordinarily seek relief through appropriate motions in the trial court and the normal appellate process; extraordinary relief is unavailable absent a basis for bypassing those procedures.
- Claims that access to court documents, tapes, or transcripts has been thwarted ordinarily must be pursued through appropriate trial-court procedures and the normal appellate process, not through extraordinary relief, unless those alternatives are unavailable or inadequate.
Questions Presented
- Whether extraordinary relief was appropriate for alleged failures to docket a notice of appeal or assemble and transmit an appellate record when the petitioner had not first pursued appropriate trial-court motions and the ordinary appellate process.
- Whether extraordinary relief was appropriate to compel production of court documents and audiotapes when ordinary trial-court and appellate remedies were available and had not been shown to be inadequate.
- Whether the case should be remanded to ensure that the documents and audiotapes promised by the respondent were made available to the petitioner.
Disposition
remanded
Cases Cited (5)
- Roe v. Rosencratz, 443 Mass. 1021 (2005)(followed)
- Santiago v. Commonwealth, 442 Mass. 1045 (2004)(followed)
- Loftfield v. Ferreira, 440 Mass. 1012 (2003)(followed)
- Lu v. Boston Div. of the Hous. Court Dep't, 432 Mass. 1005, 1005-1006 (2000)(followed)
- Jordan v. Superior Court, 426 Mass. 1019 (1998)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…