Commonwealth v. Birks
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The Supreme Judicial Court affirmed the ruling of a single justice dismissing Appellant's postconviction petitions, holding that Appellant should seek his requested relief in the superior court.
Appellant was convicted of murder in the first degree on a theory of joint venture. Appellant later filed in the county court a "Petition to Supreme Judicial Court Requesting Relief in the Form of an Order to the Trial Court to Correct the Record" and a "Motion Requesting Leave to Enter Petition on the Docket of the Supreme Judicial Court" purportedly pursuant to Mass. Gen. Laws ch. 278, 33E. A single justice dismissed the petitions because Appellant had not first sought relief in the superior court and that, therefore, there was no superior court decision from which Appellant sought to appeal. The Supreme Judicial Court affirmed, holding that the single justice correctly denied relief.
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