Limbaugh v. Commonwealth

The petitioner, Roy Limbaugh, appeals from a judgment of a single justice of this court denying his petition pursuant to G. L. c. 211, § 3. We affirm.

Limbaugh filed his petition in the county court after a judge in the Superior Court denied his motion to dismiss an indictment charging him with several crimes including assault with intent to murder, assault and battery on a police officer, and resisting arrest. After the single justice denied the petition, Limbaugh’s trial commenced, on April 29, 2013. On May 9, 2013, the jury returned a guilty verdict on all charges.

The case was submitted on…