Magraw v. Commonwealth

David G. Magraw (defendant) appeals from the order of a single justice under G. L. c. 211, § 3, denying his request for bail pending retrial. In Commonwealth v. Magraw, 426 Mass. 589 (1998), we reversed the defendant’s conviction of murder in the first degree, and he is currently being held without bail pending retrial. Although he was admitted to bail prior to his first trial, after his conviction and successful appeal a judge in the Superior Court ordered that he be held without bail.

The defendant argues on appeal that the single justice erred as a matter of law in not restoring the…