Sandman v. CommonwealthAnnotate this Case
The Supreme Judicial Court affirmed the judgment of a single justice of the court denying Petitioner's petition filed pursuant to Mass. Gen. Laws ch. 211, 3 seeking relief from his sentence imposed as a result of a probation violation as well as from new charges, holding that the single justice did not err or abuse his discretion in denying relief.
In 2018, while serving the probationary portion of a sentence he received in 2016, Petitioner was charged with new crimes. Petitioner stipulated to the probation violation as well as to dangerousness. Petitioner then filed his Mass. Gen. Laws ch. 211, 3 petition, arguing that several of his constitutional rights had been violated. The single justice denied the petition without a hearing. The Supreme Judicial Court affirmed, holding that relief was properly denied where Petitioner failed to demonstrate the absence or inadequacy of other remedies.