Blackwell v. Commonwealth
Blackwell v. Commonwealth
Opinion of the Court
**1032The petitioner, Christopher Blackwell, appeals from a judgment of a single justice of this court denying his petition pursuant to G. L. c. 211, § 3. We affirm.
In 2011, Blackwell pleaded guilty to multiple criminal charges in the Superior Court. More than six years later, he filed a petition in the county court pursuant to G. L. c. 211, § 3, alleging that certain evidence relating to the charges could have and should have been suppressed. He claims that his counsel advised him at the time that a motion to suppress the evidence would not have been successful; that he was unaware that a motion to suppress was in fact filed; that he was not present at an evidentiary hearing on the motion; and that he was not properly advised before pleading guilty that interlocutory review of the denial of a motion to suppress was possible. The single justice denied the petition without a hearing. He also denied Blackwell's request for reconsideration.
A request to exercise the court's extraordinary power of general superintendence under G. L. c. 211, § 3, is properly denied where the petitioner has an adequate alternative remedy. See McMenimen v. Passatempo,
Reference
- Full Case Name
- Christopher BLACKWELL v. COMMONWEALTH.
- Status
- Published