Afrasiabi v. Commonwealth
Annotate this CasePetitioner was the defendant in a criminal case in which he was charged with a single count of criminal harassment. Petitioner filed a motion to dismiss the complaint, alleging that the clerk-magistrate issued the complaint on the basis of perjured testimony at a show cause hearing. A district court judge denied the motion. Petitioner then filed a pleading seeking relief pursuant to Mass. Gen. Laws ch. 211, 3. A single justice of the Supreme Judicial Court denied the petition without a hearing. The full Court affirmed, holding that Petitioner failed to comply with S.J.C. Rule 2:21 in pursuing this appeal, and Petitioner’s claim failed on the merits.
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