Tavares v. Commonwealth

116 N.E.3d 1215, 481 Mass. 1044
CourtMassachusetts Supreme Judicial Court
DecidedFebruary 26, 2019
DocketSJC-12580
StatusPublished
Cited by4 cases

This text of 116 N.E.3d 1215 (Tavares 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
Tavares v. Commonwealth, 116 N.E.3d 1215, 481 Mass. 1044 (Mass. 2019).

Opinion

RESCRIPT

**1044*1216The petitioner, Daniel D. Tavares, appeals from a judgment of a single justice of this court denying his petition pursuant to G. L. c. 211, § 3. We affirm.

Tavares was convicted by a jury "of possessing counterfeit currency, uttering a counterfeit note, and larceny by false pretenses of property not exceeding $ 250 in value." Commonwealth v. Tavares, 87 Mass. App. Ct. 471, 471, 31 N.E.3d 1167 (2015). The Appeals Court affirmed his convictions, id. at 475, 31 N.E.3d 1167, and this court denied further appellate review, Commonwealth v. Tavares, 472 Mass. 1106, 36 N.E.3d 31 (2015). Years later, Tavares filed a petition in the county court, pursuant to G. L. c. 211, § 3, seeking relief from the convictions. He alleged that he received ineffective assistance of counsel at trial and on appeal, and that his convictions were wrongful in myriad aspects. The single justice denied the petition without a hearing.1

The single justice correctly denied relief under G. L. c. 211, § 3, because there are adequate alternative routes available to Tavares to seek and obtain review of his claims. See, e.g., Norris v. Commonwealth, 447 Mass. 1007, 1007, 849 N.E.2d 819 (2006) ; Maza v. Commonwealth, 423 Mass. 1006, 1006, 667 N.E.2d 1146 (1996). The errors raised in the petition either were or could have been raised in his direct appeal from his convictions in the Appeals Court. See Tavares, 87 Mass. App. Ct. at 471, 31 N.E.3d 1167. See Doyle v. Commonwealth, 472 Mass. 1002, 1003, 32 N.E.3d 1256 (2015). The fact that he did not receive relief does not render the ordinary appellate process inadequate for purposes of G. L. c. 211, § 3. See Saade v. Price, 480 Mass. 1024, 1024, 108 N.E.3d 469 (2018) ; Votta v. Commonwealth, 435 Mass. 1013, 1013, 760 N.E.2d 733 (2002). Tavares also may raise challenges to his convictions, including his claims concerning the constitutional effectiveness of counsel, jury instructions, and violation of his right against double jeopardy because the same evidence or conduct formed the basis for multiple convictions, by filing a motion for postconviction relief in the District Court, pursuant to Mass. R. Crim. P. 30, as appearing in 435 Mass. 1501 (2001), and by appealing from any adverse ruling.2 See Sabree v. Commonwealth, 479 Mass. 1006, 1007, 91 N.E.3d 1124 (2018) ; Souza v. Commonwealth, 473 Mass. 1016, 1016, 50 N.E.3d 157 (2015) ; Doyle, supra at 1002-1003, 32 N.E.3d 1256. See also **1045Commonwealth v. Cowie, 404 Mass. 119, 533 N.E.2d 1329 (1989). "The fact that the petitioner 'failed to pursue the alternative route or pursued it unsuccessfully' does not create a right to relief under G. L. c. 211, § 3." *1217Wilborn v. Commonwealth, 448 Mass. 1010, 1011, 861 N.E.2d 391 (2007), quoting Tavares v. Commonwealth, 447 Mass. 1011, 1011, 852 N.E.2d 65 (2006).

The "general superintendence power under G.L. c.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Harihar v. Commonwealth
Massachusetts Supreme Judicial Court, 2026
Latham v. POAH Communities, LLC
Massachusetts Supreme Judicial Court, 2026
JORDAN OSCAR v. STONE & SKILLET, LLC, & Another
Massachusetts Supreme Judicial Court, 2025
Boone v. Commonwealth
Massachusetts Supreme Judicial Court, 2024
Ardaneh v. Commonwealth
Massachusetts Supreme Judicial Court, 2023
Garden v. Commonwealth
Massachusetts Supreme Judicial Court, 2020

Cite This Page — Counsel Stack

Bluebook (online)
116 N.E.3d 1215, 481 Mass. 1044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tavares-v-commonwealth-mass-2019.