Vazquez v. Superintendent, Massachusetts Correctional Institution, Norfolk
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The Supreme Judicial Court affirmed the judgment of a single justice of the court dismissing as moot Petitioner's petition pursuant to Mass. Gen. Laws ch. 211, 3, holding that the single justice did not abuse her discretion.
Petitioner was convicted of murder in the first degree and sentenced to life in prison. While he was still in prison, Petitioner filed his Mass. Gen. Laws ch. 211, 3 petition asking the Supreme Judicial Court to order his release because the Department of Correction allegedly failed in its duty to timely release him after granting him medical parole. While Petitioner's petition was pending, Petitioner was released. The single justice thereafter dismissed the petition as moot. The Supreme Judicial Court affirmed, holding that the single justice did not abuse her discretion in not addressing the substantive merits of Petitioner's petition.
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