Tyree v. Commonwealth

Summary

The Supreme Judicial Court of Massachusetts affirmed the denial of William M. Tyree’s petition under G. L. c. 211, § 3, arising from a 1979 ex parte proceeding and its alleged effect on his ability to present a third-party culprit defense. The court held that Tyree had not shown the absence of another adequate route for relief and declined to consider issues not raised in the county court.

Holdings

1. The single justice properly treated Tyree's filing as a petition under G. L. c. 211, § 3, rather than an application under G. L. c. 278, § 33E, because Tyree was not seeking appellate review of a trial court ruling on a postconviction motion.
2. Tyree was not entitled to extraordinary relief because he failed to demonstrate that there was no other adequate route by which he could seek relief.
3. The court need not consider issues that Tyree raised for the first time on appeal from the single justice's decision.

Questions Presented

1. Whether the single justice properly treated Tyree's filing as a petition under G. L. c. 211, § 3, rather than an application under G. L. c. 278, § 33E.
2. Whether Tyree was entitled to extraordinary relief under G. L. c. 211, § 3, based on alleged defects in the 1979 ex parte proceeding and resulting limitations on his third-party culprit defense.
3. Whether issues not raised in the county court could be considered on appeal.

Disposition

affirmed