Cepulonis v. Commonwealth

The petitioner appeals under S.J.C. Rule 2:21, 421 Mass. 1303 (1995), from the denial of relief under G. L. c. 211, § 3, by a single justice of this court.

The petitioner, having been indicted on a charge of escape from a correctional institution under G. L. c. 268, § 16, moved to dismiss the indictment, claiming a violation of double jeopardy principles because he had already been fined by the Department of Correction (department) for the alleged escape. Following denial of that motion, he unsuccessfully sought relief from a single justice of this court.

Appellate review of the denial of the…