Barnoski v. Commonwealth

This is an appeal by William Barnoski (petitioner) from the denial of relief under G. L. c. 211, § 3 (1990 ed.), by a single justice of this court. We affirm.

Generally, absent clear error of law or abuse of discretion, a decision of a single justice will not be disturbed. Kyricopoulos v. Richardson, 409 Mass. 1002 (1991). For the extraordinary relief sought under G. L. c. 211, § 3, the petitioner must show “both a substantial claim of violation of his substantive rights and irremediable error, such that he cannot be placed in statu quo in the regular course of appeal.” Morrissette v.…