Legal Opinion

Hicks v. Commissioner of Correction

Massachusetts Supreme Judicial Court

Decided July 3, 1997PublishedCited by 16 opinions

1Opinion of the Court

Relief under G. L. c. 211, § 3, is not available where the petitioner has or had *1015adequate and effective avenues other than G. L. c. 211, § 3, by which to seek and obtain the requested relief. Martineau v. Department of Correction, 423 Mass. 1007 (1996), and cases cited. Maza v. Commonwealth, 423 Mass. 1006 (1996), and cases cited. In this case, the relief sought by the petitioner could have been obtained in an appeal from the denial of his habeas corpus petition. Despite having timely filed an appeal, the record indicates that he failed to perfect his appeal in the Appeals Court.…

2Cases cited6 opinions

  1. Maza v. CommonwealthMassachusetts Supreme Judicial Court · 1996
  2. Commonwealth v. ArsenaultMassachusetts Supreme Judicial Court · 1972
  3. Greco v. Suffolk Division of the Probate & Family Court DepartmentMassachusetts Supreme Judicial Court · 1994
  4. Adams v. Cumberland Farms, Inc.Massachusetts Supreme Judicial Court · 1995
  5. Martineau v. Department of CorrectionMassachusetts Supreme Judicial Court · 1996

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3Cited by16 opinions

  1. Lykus v. CommonwealthMassachusetts Supreme Judicial Court · 2000
  2. Lanoue v. CommonwealthMassachusetts Supreme Judicial Court · 1998
  3. Doyle v. CommonwealthMassachusetts Supreme Judicial Court · 2015
  4. Jaynes v. CommonwealthMassachusetts Supreme Judicial Court · 2002
  5. Devon Services, Inc. v. WellmanMassachusetts Supreme Judicial Court · 2000

11 more not listed; retrieve them via the Exa API.

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