H.T. v. Commonwealth
H.T. v. Commonwealth
Opinion of the Court
The victim of criminal offenses committed by Jamie Melendez appeals from a judgment of a single justice of this court denying her petition for relief under G. L. c. 211, § 3. Melendez pleaded guilty to four counts of statutory rape of a child in violation of G. L. c. 265, § 23. A judge in the Superior Court found that when Melendez was nineteen years of age and the victim
The single justice did not err or abuse her discretion by denying relief. As to the Superior Court decision, the victim of a criminal offense has no judicially cognizable interest in the proceedings and lacks standing to challenge the sentence. See McDonough, petitioner, 457 Mass. 512, 518-519 (2010); Hagen v. Commonwealth, 437 Mass. 374, 379-380 (2002). See also Carroll, petitioner, 453 Mass. 1006 (2009), and cases cited (private citizen lacks judicially cognizable interest in prosecution or nonprosecution of another).
As to the Probate and Family Court proceedings, the victim can raise any claim of error, including any claim that the court exceeded its lawful authority, in the ordinary appellate process. It is well settled that this court’s extraordinary power of general superintendence is to be used sparingly and
Judgment affirmed.
The sentencing judge did not purport to issue a specific child support order, but expressly left that matter to the Probate and Family Court.
The record indicates that an action for paternity and support, commenced by the victim, is pending in the Probate and Family Court.
The victim also requested that Melendez be ordered, in lieu of ongoing child support, to pay restitution to her in a single payment. She appears to have abandoned this request on appeal.
Once the Superior Court judge ruled on the victim’s motion, the single justice and the parties treated the G. L. c. 211, § 3, petition as seeking relief from that ruling.
Counsel for the victim also represented the petitioners in the McDonough, Carroll, and Hagen cases.
In his brief, Melendez has moved to strike certain material in the victim’s brief and record appendix. We need not take action on that motion, as none of the challenged material affects the result in this matter. We caution the victim’s counsel, however, that it is improper without permission to include material outside the record before the single justice.
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