Summary
The Massachusetts Supreme Judicial Court affirmed the denial of Eunice Field’s petition for extraordinary relief under G. L. c. 211, § 3. The court held that Field had an adequate alternative remedy through appeal from any adverse ruling on her motion for a new trial, including claims concerning attorney-client and psychotherapist-patient privileges.
Holdings
- Extraordinary relief under G. L. c. 211, § 3 was not warranted because Field had an adequate alternative remedy: any erroneous admission of evidence in violation of her claimed privileges could be remedied on appeal from an adverse ruling on her motion for a new trial.
- The single justice neither erred nor abused her discretion by denying Field's petition for extraordinary relief without a hearing.
Questions Presented
- Whether extraordinary relief under G. L. c. 211, § 3 was available to challenge interlocutory orders requiring trial counsel to testify and requiring production of mental-health treatment records.
- Whether the asserted attorney-client and psychotherapist-patient privileges justified immediate appellate intervention rather than review after a final adverse ruling on the motion for a new trial.
Disposition
affirmed
Cases Cited (2)
- Commonwealth v. Sliech-Brodeur, 457 Mass. 300, 329 (2010)(followed)
- Murray v. Karzon, 423 Mass. 1007, 1008 (1996)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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