Myrick v. Superior Court Department (Lawyers Weekly No. 10-066-18)
Mandamus petition properly denied where complainant had adequate remedy through direct appeal of Superior Court dismissal.
Mandamus petition properly denied where complainant had adequate remedy through direct appeal of Superior Court dismissal.
Defendant cannot intervene in another defendant's unrelated criminal case to access postconviction discovery; proper remedy lies in discovery procedures for his own case.
Attorney indicted on rape charges sought to disqualify prosecutor based on prior working relationship. Supreme Judicial Court affirmed denial, finding issue properly reviewable on appeal from conviction.
Mandamus petition seeking entry of settlement judgment denied where petitioners failed to demonstrate inadequacy of alternative remedies and noncompliance with appellate procedures.
Mandamus petition denied where litigant failed to pursue alternative remedies before seeking extraordinary relief. Clerk acted improperly by rejecting motions without docketing them.
Police commissioner's statutory power to assign and transfer officers is nondelegable and cannot be delegated to arbitration even with employer consent.
Supreme Judicial Court affirms dismissal of mandamus petition as moot where trial court clerk, responding to petition, dockets previously missing pleadings in prisoner's motion for new trial.