Posts tagged "1010616"

Martinez v. Commonwealth (Lawyers Weekly No. 10-106-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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;



July 26, 2016.

Supreme Judicial Court, Superintendence of inferior courts.  Practice, Criminal, Discovery, Subpoena.

Jonathan Martinez appeals from a judgment of a single justice in the county court denying, without a hearing, his petition for relief under G. L. c. 211, § 3.  Martinez stands indicted for several drug offenses.  Pursuant to Mass. R. Crim. P. 17 (a) (2), 378 Mass. 885 (1979), he moved for issuance of a subpoena, seeking certain statistical data maintained or controlled by the registry of motor vehicles, which he claimed would be relevant to support his claim that he was subjected to selective enforcement and racial profiling.[1]  A judge in the Superior Court denied the motion.  Martinez’s G. L. c. 211, § 3, petition followed.  We affirm the judgment. read more


Posted by Massachusetts Legal Resources - July 26, 2016 at 7:07 pm

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