Afrasiabi v. Commonwealth
Afrasiabi v. Commonwealth
Opinion of the Court
The petitioner, Kaveh L. Afrasiabi, appeals from a judgment of a single justice of this court denying his petition pursuant to G. L. c. 211, § 3. We affirm.
Afrasiabi was charged in a complaint with criminal harassment in violation of G. L. c. 265, § 43A (a). He thereafter filed numerous motions in the District Court including, among other things, several motions to dismiss; a motion for a change of venue; motions to compel documents; and a motion for a “show cause” hearing, all of which were denied. Afrasiabi subsequently filed his G. L. c. 211, § 3, petition in the county court asking the court to stay the trial; to change venue; to compel discovery; and to order a “probable cause” hearing.
This appeal is subject to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001), which requires the appellant to file “a memorandum of not more than ten pages ... in which the appellant must set forth the reasons why review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means.” S.J.C. Rule 2:21 (2). Afrasiabi has failed to comply with the requirements of the rule. As an initial matter, he has filed a full brief pursuant to Mass. R. A. P. 16, as amended, 428 Mass. 1603 (1999), rather than a preliminary memorandum in compliance with rule 2:21.
Judgment affirmed.
Afrasiabi variously refers in his papers to a “show cause” hearing and a “probable cause” hearing. It is not relevant, for our purposes here, which type of hearing he actually seeks.
This is not the first time that Afrasiabi has failed to comply with rule 2:21 in this manner. See Afrasiabi v. Rooney, 432 Mass. 1006 (2000).
Reference
- Full Case Name
- Kaveh L. Afrasiabi v. Commonwealth
- Cited By
- 2 cases
- Status
- Published