Commonwealth v. Snow

Summary

The Supreme Judicial Court of Massachusetts affirmed the denial of the Commonwealth’s petition under G. L. c. 211, § 3, seeking relief from an order permitting civilian witnesses to testify at an evidentiary hearing on alleged grand jury misconduct. The court held that the Commonwealth had not shown the exceptional circumstances, substantial claim, or irremediable error required for interlocutory review under the court’s extraordinary superintendence power.

Holdings

1. The Commonwealth's lack of another remedy does not make review under G. L. c. 211, § 3, automatic.
2. The Superior Court's rulings allowing the evidentiary hearing and permitting the civilian witnesses to testify were routine discretionary rulings that did not present the exceptional circumstances or threatened substantive rights necessary for G. L. c. 211, § 3, relief.

Questions Presented

1. Whether the Commonwealth could obtain interlocutory review under G. L. c. 211, § 3, of the Superior Court judge's discretionary order permitting civilian witnesses to testify at the evidentiary hearing.
2. Whether the asserted lack of a preliminary showing of grand-jury misconduct, witness-safety concerns, and the burden of repeated testimony constituted exceptional circumstances or threatened a substantive right warranting extraordinary supervisory relief.
3. Whether the single justice abused her discretion by denying the Commonwealth's G. L. c. 211, § 3, petition.

Disposition

affirmed