Abernathy v. Commonwealth

The case was submitted on the papers filed, accompanied by a memorandum of law.

Franklin B. Abernathy, pro se.

RESCRIPT

Abernathy also contends that a systemic problem exists in the justice system. "This claim is beyond the scope of rule 2:21, which concerns only the alternative remedies, if any, available to the particular petitioner. Moreover, the single justice did not decide the petition on the merits or report the case to the full court to address [the] claim of systemic error, and we are loath to second-guess [his] discretion in this respect." Benjamin B . v. Commonwealth , 478 Mass. 1012…