Tavares v. Commonwealth

RESCRIPT

"[R]elief under G. L. c. 211, § 3, is properly denied where the petitioning party has or had an adequate and effective avenue to seek and obtain the requested relief other than G. L. c. 211, § 3." Donald v. Commonwealth , 437 Mass. 1007 , 1007, 770 N.E.2d 471 (2002), quoting Hunt v. McKendry , 434 Mass. 1025 , 1026, 751 N.E.2d 407 (2001). "An established route for the petitioner to obtain appellate review of the denial of his motion for postconviction discovery would be in connection with an appeal from the denial of his motion for a new trial ...." Donald , supra . We regularly…