Ramos v. CommonwealthAnnotate this Case
The Supreme Judicial Court affirmed the judgment of the single justice denying, without a hearing, Defendant's petition for relief under Mass. Gen. Laws ch. 211, 3, holding that the single justice neither erred nor abused his discretion by denying relief.
After Defendant's motion to suppress was allowed, the Commonwealth applied for leave to prosecute an interlocutory appeal. A single justice allowed the application and directed the appeal to the Appeals Court. An interlocutory appeal was entered more than a year after the single justice granted the Commonwealth leave to appeal. Defendant filed a motion to dismiss the underlying charges, arguing that his speedy trial and due process rights had been violated. The motion was denied. Defendant then filed his Mass. Gen. Laws ch. 211, 3 petition seeking leave to cross-appeal from the denial of his motion to dismiss. The single justice denied relief. The Supreme Court affirmed, holding that Defendant did not show that the ordinary process of trial and appeal was inadequate for him to obtain review of his speedy trial and due process claims.