Votta v. Commonwealth

Massachusetts Supreme Judicial Court

Votta v. Commonwealth

826 N.E.2d 200, 444 Mass. 1001, 2005 Mass. LEXIS 172

CourtMassachusetts Supreme Judicial Court

DecidedApril 28, 2005

StatusPublished

Cited by2 cases

This text of 826 N.E.2d 200 (Votta 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

Votta v. Commonwealth, 826 N.E.2d 200, 444 Mass. 1001, 2005 Mass. LEXIS 172 (Mass. 2005).

Pincite

Opinion

The claims now being made by the petitioner were raised and decided against him either in his direct appeal, Commonwealth v. Votta, 42 Mass. App. Ct. 1124, S.C., 425 Mass. 1106 (1997); or in his appeal from the denial of his motion for a new trial, Commonwealth v. Votta, 60 Mass. App. Ct. 1115, S.C., 441 Mass. 1106 (2004); or, at the very least, could have been raised in the prior proceedings. See Votta v. Commonwealth, 435 Mass. 1013 (2002) (affirming denial of petitioner’s first petition for relief under G. L. c. 211, § 3). Our general superintendence power cannot be invoked simply to get another bite of the apple.

Judgment affirmed.

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The claims now being made by the petitioner were raised and decided against him either in his direct appeal, Commonwealth v. Votta, 42 Mass. App. Ct. 1124, S.C., 425 Mass. 1106 (1997); or in his appeal from the denial of his motion for a new trial, Commonwealth v. Votta, 60 Mass. App. Ct. 1115, S.C., 441 Mass. 1106 (2004); or, at the very least, could have been raised in the prior proceedings. See Votta v. Commonwealth, 435 Mass. 1013 (2002) (affirming denial of petitioner’s first petition for relief under G. L. c. 211, § 3). Our general superintendence power cannot be invoked simply to get another bite of the apple.

Judgment affirmed.

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Bluebook (online)

826 N.E.2d 200, 444 Mass. 1001, 2005 Mass. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/votta-v-commonwealth-mass-2005.

Opinion

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