Solimine v. Davidian

Massachusetts Supreme Judicial Court

Solimine v. Davidian

661 N.E.2d 934, 422 Mass. 1002, 1996 Mass. LEXIS 50

CourtMassachusetts Supreme Judicial Court

DecidedMarch 7, 1996

StatusPublished

Cited by12 cases

This text of 661 N.E.2d 934 (Solimine v. Davidian) 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

Solimine v. Davidian, 661 N.E.2d 934, 422 Mass. 1002, 1996 Mass. LEXIS 50 (Mass. 1996).

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Opinion

Solimine, acting pro se, lost on his claim against the respondent, James C. Davidian, in the District Court. Solimine’s unfocused pro se petition seeking relief under G. L. c. 211, § 3, raised no issue which could not have been considered in the ordinary appellate process available within the District Court. Relief under G. L. c. 211, § 3, cannot be obtained when someone in Solimine’s position has (or had) the opportunity to pursue ordinary appellate review. See Pandey v. Pudlo, 416 Mass. 1008 (1993). The fact that Solimine is acting pro se is also of no significance because he is held to the same standards to which litigants with counsel are held. Mmoe v. Commonwealth, 393 Mass. 617, 620 (1985).

Judgment affirmed.

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Solimine, acting pro se, lost on his claim against the respondent, James C. Davidian, in the District Court. Solimine’s unfocused pro se petition seeking relief under G. L. c. 211, § 3, raised no issue which could not have been considered in the ordinary appellate process available within the District Court. Relief under G. L. c. 211, § 3, cannot be obtained when someone in Solimine’s position has (or had) the opportunity to pursue ordinary appellate review. See Pandey v. Pudlo, 416 Mass. 1008 (1993). The fact that Solimine is acting pro se is also of no significance because he is held to the same standards to which litigants with counsel are held. Mmoe v. Commonwealth, 393 Mass. 617, 620 (1985).

Judgment affirmed.

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Bluebook (online)

661 N.E.2d 934, 422 Mass. 1002, 1996 Mass. LEXIS 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solimine-v-davidian-mass-1996.

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