Brace v. CommonwealthAnnotate this Case
The Supreme Judicial Court affirmed the judgment of a single justice of the court denying Petitioner's petition pursuant to Mass. Gen. Laws ch. 211, 3, holding that Petitioner's claim could adequately be resolved by the appeals court.
Petitioner pleaded guilty to an indictment alleging sex offenses. Petitioner's probation was later revoked, and the Commonwealth filed a petition to commit Petitioner as a sexually dangerous person (SDP). Petitioner moved to dismiss the SDP petition on the ground that, at the time it was filed, he was not a "prisoner" as defined by Mass. Gen. Laws ch. 123A, 12(b) because the release date had been revised. The motion was denied. Petitioner then filed this petition under Mass. Gen. Laws ch. 211, 3, alleging that the Commonwealth cannot demonstrate that he was a prisoner at the time his discharge petition was filed. A single justice denied relief. The Supreme Judicial Court affirmed, holding that the single justice correctly concluded that the ordinary appellate process provided an adequate remedy.