Massachusetts Supreme Judicial Court, 2005

Votta v. Commonwealth

Votta v. Commonwealth
Massachusetts Supreme Judicial Court · Decided April 28, 2005
444 Mass. 1001; 826 N.E.2d 200; 2005 Mass. LEXIS 172

Votta v. Commonwealth

Opinion of the Court

The claims now being made by the petitioner were raised and decided against him either in his direct appeal, Commonwealth v. Votta, 42 Mass. App. Ct. 1124, S.C., 425 Mass. 1106 (1997); or in his appeal from the denial of his motion for a new trial, Commonwealth v. Votta, 60 Mass. App. Ct. 1115, S.C., 441 Mass. 1106 (2004); or, at the very least, could have been raised in the prior proceedings. See Votta v. Commonwealth, 435 Mass. 1013 (2002) (affirming denial of petitioner’s first petition for relief under G. L. c. 211, § 3). Our general superintendence power cannot be invoked simply to get another bite of the apple.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.