Commonwealth v. Rodriguez
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The Supreme Judicial Court affirmed the judgment of the county court denying, without a hearing, the Commonwealth's petition for relief under Mass. Gen. Laws ch. 211, 3 from an order of the municipal court, holding that the single justice did not abuse his discretion in denying the Commonwealth's petition without reaching the merits.
Defendant was charged with drug possession after a confidential informant, working under the direction of the police department, carried out three controlled purchases of a substance believed to be heroin. Under information obtained in these controlled purchases, the police obtained a warrant to search Defendant's apartment. The search led to Defendant's arrest. Defendant filed a motion for rewards and promises under Mass. R. Crim. P. 14(a)(1)(C) seeking information concerning the police department's dealings with the confidential informant. The judge allowed the motion in part, finding that the information was necessary to prepare a defense. The Commonwealth filed its Mass. Gen. Laws ch. 211, 3 petition. The single justice denied relief. The Supreme Judicial Court affirmed, holding that the Commonwealth did not show that the petition presented an exceptional circumstance requiring the exercise of the court's extraordinary superintendence power.
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