Legal Opinion

Scott v. District Attorney

Massachusetts Supreme Judicial Court

Decided November 8, 2002PublishedCited by 2 opinions

1Opinion of the Court

Lorenzo Q. Scott appeals from a judgment of a single justice of this court denying his petition, pursuant to G. L. c. 211, § 3, without a hearing.

Relief under G. L. c. 211, § 3, is properly denied where, as here, “there are other routes by which the petitioning party may adequately seek relief,” Sabree v. Commonwealth, 432 Mass. 1003, 1003 (2000), and it is the petitioner’s burden to both allege and demonstrate the absence or inadequacy of such routes, e.g., Russell v. Nichols, 434 Mass. 1015, 1016 (2001). The petitioner failed to meet his burden. To the extent that he alleges that a judge in…

2Cases cited3 opinions

  1. Russell v. NicholsMassachusetts Supreme Judicial Court · 2001
  2. Sabree v. CommonwealthMassachusetts Supreme Judicial Court · 2000
  3. Lantsman v. LantsmanMassachusetts Supreme Judicial Court · 1999

3Cited by2 opinions

  1. Baldyga v. Dudley Division of the District Court DepartmentMassachusetts Supreme Judicial Court · 2007
  2. Scott v. Attorney GeneralMassachusetts Supreme Judicial Court · 2006

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