In re Two Applications for a Criminal ComplaintAnnotate this Case
The Supreme Judicial Court affirmed the judgment of the county court denying, without a hearing, Petitioner's petition for relief under Mass. Gen. Laws ch. 211, 3, holding that Petitioner had no standing to obtain extraordinary relief in the instant matter.
Petitioner filed an application in the district court for a criminal complaint charging an individual with witness intimidation and unlawful wiretapping. The application was denied due to lack of probable cause. Thereafter, Petitioner filed another application for criminal complaint in the Boston Municipal Court (BMC) charging the same individual with witness intimidation. The BMC found no probable cause and did not issue the complaint. Petitioner then brought this action, and the single justice denied relief without addressing the merits. The Supreme Judicial Court affirmed, holding that the single justice neither erred nor abused his discretion in denying relief.