Clarke v. Commonwealth

Alton Clarke appeals from the denial of his petition pursuant to G. L. c. 211, § 3, by a single justice of this court. We dismiss the appeal as moot.

Clarke was indicted on several charges related to an aggravated sexual assault, including rape and kidnapping. His first trial in the Superior Court ended in a mistrial, due to the jury’s inability to reach a verdict. Clarke was retried and convicted on two counts of rape and kidnapping. The Appeals Court reversed the judgments and set aside the verdicts, holding that the prosecutor had improperly used Clarke’s right to remain silent against him…