McClain v. Commonwealth
This text of 657 N.E.2d 227 (McClain 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.
Opinion
In 1976, Donald J. McClain (defendant) pleaded guilty to breaking and entering a dwelling house in the nighttime and committing a felony therein. Also, in 1976, the defendant pleaded guilty to escaping from prison. The defendant instituted no postconviction proceedings or appeals relative to those convictions until he moved for a new trial in May, 1994. In February, 1995, he filed motions for release from unlawful restraint and for an evidentiary hearing. Those motions were denied as was a motion to reconsider. The defendant did not appeal.
In March, 1995, the defendant filed in this court a petition for relief under G. L. c. 211, § 3 (1994 ed.). A single justice denied the petition. The defendant appealed. The Commonwealth has moved to dismiss the appeal. The Commonwealth’s motion is allowed. Relief under c. 211, § 3, could have and should have been raised by timely appeal from the rulings in the trial court.
Appeal dismissed.
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Cite This Page — Counsel Stack
657 N.E.2d 227, 421 Mass. 1005, 1995 Mass. LEXIS 382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclain-v-commonwealth-mass-1995.