Commonwealth v. George

Summary

The Supreme Judicial Court of Massachusetts affirmed the dismissal as moot of the Commonwealth’s petition under G. L. c. 211, § 3, challenging a Boston Municipal Court judge’s release of the defendant on personal recognizance. The court held that the judge’s reconsideration of the release order rendered the petition moot and that the single justice had broad discretion not to reserve and report the matter to the full court.

Holdings

1. The Central Division judge's reconsideration of the order releasing George on personal recognizance rendered the Commonwealth's G. L. c. 211, § 3, petition moot.
2. The single justice had broad discretion to decide whether to reserve and report the matter to the full court and was not obligated to do so, even assuming the dismissal could be treated as a denial of relief under S.J.C. Rule 2:21.

Questions Presented

1. Whether the Central Division judge's reconsideration of the release order rendered moot the Commonwealth's G. L. c. 211, § 3, petition challenging that order.
2. Whether the single justice was required to reserve and report the moot petition to the full Supreme Judicial Court.

Disposition

affirmed