JOHN C. VOTTA, JR. vs. COMMONWEALTH.

JOHN C. VOTTA, JR. vs. COMMONWEALTH.

444 Mass. 1001

April 28, 2005

A single justice of this court denied the petitioner's second petition pursuant to G. L. c. 211, § 3, stemming from his 1996 conviction of littering. The petitioner appeals. We affirm. The claims now being made by the petitioner were raised and decided against him either in his direct appeal, Commonwealth v. Votta, 42 Mass. App. Ct. 1124 , S.C., 425 Mass. 1106 (1997); or in his appeal from the denial of his motion for a new trial, Commonwealth v. Votta, 60 Mass. App. Ct. 1115 , S.C., 441 Mass. 1106 (2004); or, at the very least, could have been raised in the prior proceedings. See Votta v. Commonwealth, 435 Mass. 1013 (2002) (affirming denial of petitioner's first petition for relief under G. L. c. 211, § 3). Our general superintendence power cannot be invoked simply to get another bite of the apple.

Judgment affirmed.

John C. Votta, Jr., pro se.