Commonwealth v. George
Commonwealth v. George
Opinion of the Court
Brandon George appeals from a judgment of a single justice of this court dismissing the Commonwealth’s petition for relief under G. L. c. 211, § 3. We affirm.
George was charged with receiving stolen property and other offenses in the Central Division of the Boston Municipal Court Department. He was released on his personal recognizance. He was subsequently charged and arraigned on other, unrelated offenses in the West Roxbury Division of the same court. A judge in that division revoked his recognizance and set bail. At a pretrial hearing in the Central Division, at George’s request, the Central Division judge again ordered that George be released on personal recognizance. The Commonwealth then filed its G. L. c. 211, § 3, petition, seeking relief on the ground that the Central Division judge lacked authority to rescind the order of the West Roxbury Division judge revoking George’s recognizance.
George has filed a memorandum and appendix pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001). Bypassing the question whether the rule applies in these circumstances,
Judgment affirmed.
The Commonwealth also requested that the Central Division judge be enjoined “from making any further orders under the bail statute or in regards to bail.” The Commonwealth later withdrew this request.
Supreme Judicial Court Rule 2:21 (1), 421 Mass. 1303 (1995), provides: “When a single justice denies relief from a challenged interlocutory ruling in the trial court arid does not report the denial of relief to the full court, the party denied relief may appeal the single justice’s ruling to the full court.” Here, the single justice technically did not deny relief, but dismissed the Commonwealth’s petition. Even if we were to interpret the dismissal of the petition on the ground of mootness as a denial of relief from the Central Division judge’s interlocutory ruling, “the party denied relief” was the Commonwealth, not George.
Reference
- Full Case Name
- Commonwealth v. Brandon George
- Status
- Published