Barbosa v. Commonwealth

Massachusetts Supreme Judicial Court

Barbosa v. Commonwealth

116 N.E.3d 1214, 481 Mass. 1042

CourtMassachusetts Supreme Judicial Court

DecidedFebruary 25, 2019

DocketSJC 12526

StatusPublished

This text of 116 N.E.3d 1214 (Barbosa v. Commonwealth) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barbosa v. Commonwealth, 116 N.E.3d 1214, 481 Mass. 1042 (Mass. 2019).

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Opinion

The petitioner, Richard Michael Barbosa, appeals from a judgment of a single justice of this court dismissing, without a hearing, his petition pursuant to G. L. c. 211, § 3. The papers that Barbosa has filed are, at best, difficult to discern. He appears to be complaining about certain actions, or inactions, of both the trial court judge and standby counsel in various criminal proceedings in the Superior Court. Neither the specifics about which he complains nor what relief he seeks are clear. His submissions, in short, do not rise to the level of adequate appellate argument and they fail to establish any coherent basis for relief. Mass. R. A. P. 16 (a) (4), as amended, 367 Mass. 921 (1975). Moreover, Barbosa had, but failed to meet, the burden "to provide a record sufficient to evaluate his claims." Sabree v. Commonwealth , 479 Mass. 1006 , 1007, 91 N.E.3d 1124 (2018), citing Gorod v. Tabachnick , 428 Mass. 1001 , 696 N.E.2d 547 (1998). 1

Judgment affirmed .

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The petitioner, Richard Michael Barbosa, appeals from a judgment of a single justice of this court dismissing, without a hearing, his petition pursuant to G. L. c. 211, § 3. The papers that Barbosa has filed are, at best, difficult to discern. He appears to be complaining about certain actions, or inactions, of both the trial court judge and standby counsel in various criminal proceedings in the Superior Court. Neither the specifics about which he complains nor what relief he seeks are clear. His submissions, in short, do not rise to the level of adequate appellate argument and they fail to establish any coherent basis for relief. Mass. R. A. P. 16 (a) (4), as amended, 367 Mass. 921 (1975). Moreover, Barbosa had, but failed to meet, the burden "to provide a record sufficient to evaluate his claims." Sabree v. Commonwealth , 479 Mass. 1006 , 1007, 91 N.E.3d 1124 (2018), citing Gorod v. Tabachnick , 428 Mass. 1001 , 696 N.E.2d 547 (1998). 1

Judgment affirmed .

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Bluebook (online)

116 N.E.3d 1214, 481 Mass. 1042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barbosa-v-commonwealth-mass-2019.

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