Sellers v. Commonwealth

The single justice was within his discretion in declining to grant the relief sought on the record before him. The petitioner did not allege, let alone demonstrate, that he had availed himself of all measures available to him in the trial court to obtain a ruling on his motions. See Matthews v. D’Arcy, 425 Mass. 1021, 1022 (1997) (identifying steps other than petition under G. L. c. 211, § 3, that litigant should take to address judicial inaction). See also Zatsky v. Zatsky, 36 Mass. App. Ct. 7,12 (1994) (“If a decision seems overdue, the first step a litigant can take is to make inquiry of…