Bolton v. Commonwealth
Bolton v. Commonwealth
Opinion of the Court
A single justice of this court denied the plaintiff’s petition for a writ of mandamus seeking an order that the Appeals Court accept the plaintiff’s motion to dismiss or to grant appropriate relief. The clerk of that court had returned the plaintiff’s motion as procedurally inappropriate. The plaintiff had been convicted of two counts of rape by means of unnatural sexual intercourse. It appears that the motion to the Appeals Court challenged the admission of certain evidence at trial that had not been presented to the grand jury. The plaintiff also objected to portions of the charge to the jury at his trial.
At the time the plaintiff sought to file his motion with the clerk of the Appeals Court, that court had already affirmed the plaintiff’s convictions. See Commonwealth v. Bolton, 27 Mass. App. Ct. 1407 (1989). The motion may well have been untimely. Its content appears to present a claim for postconviction relief that could be presented in the trial court pursuant to Mass. R. Crim. P. 30, 378 Mass. 900 (1979). Although we question the action of a clerk in refusing to accept and docket a motion unless so or
Order denying the petition for mandamus affirmed.
Reference
- Full Case Name
- Stephen Bolton v. Commonwealth
- Cited By
- 2 cases
- Status
- Published