Sullivan v. Commonwealth

Following a declaration of a mistrial in his trial under G. L. c. 273, § 11 1 (paternity of an illegitimate child), Sullivan (the defendant) moved to dismiss the complaint against him on the ground that a new trial would place him twice in jeopardy for the same offense, in violation of the Fifth Amendment to the United States Constitution and the common law of Massachusetts. That motion was denied, as were his motion to renew hearing and his request for report under G. L. c. 278, § 30A. 2 The defendant filed a petition for extraordinary relief pursuant to G. L. c. 211, § 3. 3 A single justice…