Jose Polanco v. Commonwealth

Summary

The Supreme Judicial Court of Massachusetts affirmed the denial, without a hearing, of Jose Polanco’s petition for extraordinary relief under G. L. c. 211, § 3. Polanco challenged the denial of his motion to vacate guilty pleas entered in 2014, but the court held that he had an adequate remedy through a direct appeal to the Appeals Court. The court also determined that S.J.C. Rule 2:21 did not apply because the underlying ruling was not interlocutory.

Holdings

1. A petitioner is not entitled to extraordinary relief under G. L. c. 211, § 3, when an adequate remedy is available through the ordinary appellate process. Because Polanco could pursue a direct appeal to the Appeals Court, the denial of his petition was proper.
2. S.J.C. Rule 2:21 (2) does not apply because the denial of Polanco's motion to vacate his pleas was not an interlocutory ruling of the trial court.

Questions Presented

1. Whether Polanco was entitled to extraordinary relief under G. L. c. 211, § 3, when a direct appeal to the Appeals Court was available.
2. Whether S.J.C. Rule 2:21 (2) applied to the denial of Polanco's motion to vacate his guilty pleas.

Disposition

affirmed