Tavares v. Commonwealth
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The Supreme Judicial Court affirmed the judgment of a single justice denying Petitioner’s petition pursuant to Mass. Gen. Laws ch. 211, 3, holding that the single justice correctly denied the petition because there were adequate alternative routes available to Petitioner to seek and obtain review of his claims.
Petitioner was convicted of possessing counterfeit currency, uttering a counterfeit note, and larceny by false pretenses of property not exceeding $250 in value. Years later, Petitioner filed this petition alleging that he received ineffective assistance of counsel at trial and on appeal and that his convictions were wrongful in several different aspects. The single justice denied relief. The Supreme Judicial Court affirmed, holding that because the errors raised in the petition either were or could have been raised on direct appeal, the single justice neither erred nor abused his discretion in denying the petition.
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