Morales v. Commonwealth

General Laws c. 261, § 27D, provides that, “[u]pon being notified of the denial [of a request under the statute] the applicant shall also be advised of his right of appeal, and he shall have seven days thereafter to file a notice of appeal with the clerk or register.” The petitioner alleges that he was never informed of his right to appeal, as § 27D requires. See Commonwealth v. Lockley, 381 Mass. 156, 160 (1980). He sent a notice of appeal to the Superior Court clerk’s office more than a month after his motion had been denied, but it was not accepted for filing and was returned to him by the…