Posts tagged "1010514"

Raffaele v. Commonwealth (Lawyers Weekly No. 10-105-14)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750;  (617) 557-1030;



June 16, 2014.

Supreme Judicial Court, Superintendence of inferior courts.

Anthony Raffaele appeals from a judgment of a single justice of this court denying his petition for relief under G. L. c. 211, § 3.  Raffaele pleaded guilty to certain offenses in the District Court.  Allegedly, the Assistant District Attorney prosecuting him was, in 2003, a defendant in a Federal civil action commenced by Raffaele.  Raffaele argues that the prosecutor should have disclosed this circumstance to the District Court judge and should have recused himself.  He cites no authority for this proposition.  He also claims that the prosecutor coerced him into accepting a plea offer.  To the extent that Raffaele seeks to have his plea vacated, it is clear that any such request should be made in a motion for a new trial pursuant to Mass. R. Crim. P. 30, as appearing in 435 Mass. 1501 (2001), subject to review in the ordinary appellate process.  The single justice neither erred nor abused her discretion by denying relief under G. L. c. 211, § 3.[1] read more


Posted by Massachusetts Legal Resources - June 17, 2014 at 2:00 am

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