Tyree v. Commonwealth
Annotate this CaseIn 1980, Petitioner was convicted of murder in the first degree. The conviction was affirmed on appeal. Thereafter, Petitioner filed several postconviction motions in the trial court. The instant filing was treated by a single justice of the Supreme Judicial Court as a Mass. Gen. Laws ch. 211, 3 petition and subsequently denied. Petitioner’s claims stemmed from a hearing and decision on a Mass. Gen. Laws ch. 211, 3 petition the Commonwealth successfully sought during the course of prosecuting Petitioner for murder. Petitioner now complained that the hearing on the petition was improperly held ex parte. The Supreme Judicial Court affirmed the judgment of the single justice, holding that Petitioner was not entitled to extraordinary relief pursuant to Mass. Gen. Laws ch. 211, 3.
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