Cooper v. Commonwealth
Annotate this CasePetitioner was convicted of forcible rape of a child and other offenses. Petitioner’s convictions were affirmed on appeal. Petitioner later filed a motion for a new trial, which a motion judge denied. Petitioner later filed a motion for an extension of time to file a late notice of appeal, but the motion was misplaced in the clerk’s office. When it was found, the motion judge granted the motion and gave Petitioner forty-five days to file his notice of appeal, but Petitioner did not file a new notice of appeal. When Petitioner filed a motion to file his brief late, he was informed that he had no matter pending in the Appeals Court. Petitioner then filed a petition for relief pursuant to Mass. Gen. Laws ch. 211, 3 or for relief in the nature of mandamus. A single justice of the Appeals Court denied all relief. The Supreme Judicial Court affirmed, holding that the single justice was not obligated to grant extraordinary relief.
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