Commonwealth v. Freeman
This text of 885 N.E.2d 823 (Commonwealth v. Freeman) 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.
Opinion
It is unclear whether what Freeman filed is intended as a brief or as a memorandum and appendix pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001). Rule 2:21 does not apply here because he is not challenging an interlocutory ruling of the trial court. Regardless whether rule 2:21 applies, however, Freeman cannot appeal to the full court. The single justice’s decision, acting as a gatekeeper pursuant to G. L. c. 278, § 33E, is final and unreviewable. Commonwealth v. Scott, 437 Mass. 1008 (2002). Commonwealth v. Ambers, 397 Mass. 705, 710-711 (1986), and cases cited.
Appeal dismissed.
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Cite This Page — Counsel Stack
885 N.E.2d 823, 451 Mass. 1006, 2008 Mass. LEXIS 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-freeman-mass-2008.