Hines v. Superior Court

The petitioner, who was convicted in 1982, filed a petition in the county court in 1995, pursuant to G. L. c. 211, § 3 (1994 ed.), seeking relief from his conviction. He appeals from the judgment of a single justice denying his petition without a hearing.

It is axiomatic that relief pursuant to G. L. c. 211, § 3, is not available where the alleged error or abuse can adequately and effectively be remedied through the normal appellate process or through some other available method of review. McGuinness v. Commonwealth, 420 Mass. 495, 497 (1995), and cases cited. Fogarty v. Commonwealth, 406…