Mitchell v. Commonwealth

Massachusetts Supreme Judicial Court

Mitchell v. Commonwealth

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 21, 2023

DocketSJC 13462

StatusPublished

This text of Mitchell v. Commonwealth (Mitchell 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.

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Mitchell v. Commonwealth, (Mass. 2023).

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Opinion

NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557- 1030; SJCReporter@sjc.state.ma.us

SJC-13462

DEYQUOINE MITCHELL vs. COMMONWEALTH.

September 21, 2023.

Supreme Judicial Court, Superintendence of inferior courts. Practice, Criminal, Discovery.

Deyquoine Mitchell appeals from a judgment of the county court denying, without a hearing, his petition for extraordinary relief under G. L. c. 211, § 3. We affirm.

Mitchell has been charged with possession of a large capacity firearm and possession of a class D substance with intent to distribute. He filed a motion for discovery of evidence related to police practices. A judge in the Superior Court denied the motion. Mitchell's petition sought relief from that ruling.

Mitchell has filed a memorandum and appendix pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001), which requires him to "set forth the reasons why review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means." He has not done so. "If [Mitchell] is convicted of any offense, he will have the opportunity to raise his issues in the ordinary appellate process." Martinez v. Commonwealth, 475 Mass. 1001, 1001 (2016). "[W]e have repeatedly stated that '[d]iscovery matters such as this are routinely addressed on direct appeal.'" Pinney v. Commonwealth, 487 Mass. 1029, 1030 (2021), quoting Martinez, supra. The single justice neither erred nor abused her discretion by denying relief under G. L. c. 211, § 3.

Judgment affirmed. 2

The case was submitted on the papers filed, accompanied by a memorandum of law. Darren T. Griffis & Sarah Varney for the petitioner.

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NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557- 1030; SJCReporter@sjc.state.ma.us

SJC-13462

DEYQUOINE MITCHELL vs. COMMONWEALTH.

September 21, 2023.

Supreme Judicial Court, Superintendence of inferior courts. Practice, Criminal, Discovery.

Deyquoine Mitchell appeals from a judgment of the county court denying, without a hearing, his petition for extraordinary relief under G. L. c. 211, § 3. We affirm.

Mitchell has been charged with possession of a large capacity firearm and possession of a class D substance with intent to distribute. He filed a motion for discovery of evidence related to police practices. A judge in the Superior Court denied the motion. Mitchell's petition sought relief from that ruling.

Mitchell has filed a memorandum and appendix pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001), which requires him to "set forth the reasons why review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means." He has not done so. "If [Mitchell] is convicted of any offense, he will have the opportunity to raise his issues in the ordinary appellate process." Martinez v. Commonwealth, 475 Mass. 1001, 1001 (2016). "[W]e have repeatedly stated that '[d]iscovery matters such as this are routinely addressed on direct appeal.'" Pinney v. Commonwealth, 487 Mass. 1029, 1030 (2021), quoting Martinez, supra. The single justice neither erred nor abused her discretion by denying relief under G. L. c. 211, § 3.

Judgment affirmed. 2

The case was submitted on the papers filed, accompanied by a memorandum of law. Darren T. Griffis & Sarah Varney for the petitioner.

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Mitchell v. Commonwealth, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-commonwealth-mass-2023.

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