Brea v. Commonwealth
Annotate this CaseThe district court issued a complaint charging Defendant with distribution of heroin and conspiracy to violate the drug laws. Prior to arraignment, Defendant moved to dismiss the complaint. A district court judge denied the motion, ruling that there was probable cause to issue the complaint. Defendant subsequently filed a Mass. Gen. Laws ch. 211, 3 petition seeking relief from this ruling. A single justice of the Supreme Judicial Court denied the petition without a hearing. The Supreme Judicial Court affirmed, holding that the district court’s ruling did not present an exceptional circumstances warranting exercise of the Court’s extraordinary superintendence powers.
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