Oliveira v. Commonwealth

In an effort to establish, as rule 2:21 requires, “why review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means,” the defendant argues that he has a fundamental right not to stand trial while incompetent and that immediate review under rule 2:21 is the only means by which he may avoid being tried while incompetent.

We review interlocutory rulings in criminal cases only in the most exceptional circumstances. Gilday v. Commonwealth, 360 Mass. 170, 171 (1971). The defendant must show that he has a…