McGuinness v. Commonwealth

Brendan McGuinness (defendant) moved to dismiss an indictment charging assault and battery on a correctional officer. The defendant argued that *1004he had already been punished for this offense by a thirty-month confinement in a departmental disciplinary unit, and thus criminal prosecution would subject him to double jeopardy. A Superior Court judge denied the defendant’s motion, and he requested relief pursuant to G. L. c. 211, § 3 (1994 ed.). A single justice of this court denied relief, and the defendant appealed, following the procedure stated in S J.C. Rule 2:21, 421 Mass. 1303 (1995). The…