Summary
The Massachusetts Supreme Judicial Court affirmed the denial of Steven L. Smith’s petition under G. L. c. 211, § 3. Smith sought relief concerning unresolved motions to withdraw his guilty pleas or obtain a new trial under Mass. R. Crim. P. 30(b). The court held that he had not shown exceptional circumstances or exhausted available trial-court measures, while urging the trial court to act promptly if the motions remained unresolved.
Holdings
- The single justice acted within her discretion in denying Smith's petition for extraordinary relief because he failed to demonstrate that he had availed himself of all measures available in the trial court to obtain rulings on his Rule 30 (b) motions.
- The apparent lack of action on Smith's Rule 30 (b) motions did not require appellate extraordinary relief, but the court stated that the trial court should act promptly if the motions remained unresolved.
Questions Presented
- Whether the single justice abused her discretion by denying Smith's petition under G. L. c. 211, § 3 when the trial court had not apparently ruled on his Mass. R. Crim. P. 30 (b) motions.
- Whether Smith was entitled to an order directing the trial court to schedule a hearing on his Rule 30 (b) motions or to set aside his guilty pleas and set a trial date.
Disposition
affirmed
Cases Cited (3)
- Commonwealth v. Fontanez, 482 Mass. 22, 25 (2019)(followed)
- Sellers v. Commonwealth, 464 Mass. 1015, 1015 (2013)(followed)
- Matthews v. D'Arcy, 425 Mass. 1021, 1022 (1997)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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