Cruthird v. Commonwealth

826 N.E.2d 199, 444 Mass. 1002, 2005 Mass. LEXIS 173
CourtMassachusetts Supreme Judicial Court
DecidedApril 28, 2005
StatusPublished
Cited by1 cases

This text of 826 N.E.2d 199 (Cruthird 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
Cruthird v. Commonwealth, 826 N.E.2d 199, 444 Mass. 1002, 2005 Mass. LEXIS 173 (Mass. 2005).

Opinion

The petitioner filed his petition in the county court in 2004. In it he claimed that the Appeals Court, when it affirmed his convictions on direct appeal four years earlier, see Commonwealth v. Cruthird, 48 Mass. App. Ct. 1115, cert. denied, 531 U.S. 1027 (2000), violated his constitutionally protected right to represent himself on appeal. Before filing his petition, he pressed the same claim in a petition for a rehearing in the Appeals Court and in an application for further appellate review in this court, both of which were denied. The single justice was correct to deny the G. L. c. 211, § 3, petition against this backdrop. Our general superintendence power cannot be invoked merely in an attempt to obtain yet another layer of review after the normal process has run its course.

Judgment affirmed.

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Related

Claudio v. Commonwealth
3 N.E.3d 1093 (Massachusetts Supreme Judicial Court, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
826 N.E.2d 199, 444 Mass. 1002, 2005 Mass. LEXIS 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cruthird-v-commonwealth-mass-2005.