Commonwealth v. O'Neil

A single justice of this court denied a petition filed by the Commonwealth pursuant to G. L. c. 211, § 3. The Commonwealth appeals. We affirm.

The Commonwealth, aggrieved by the Appeals Court’s decision in Commonwealth v. O’Neil, 51 Mass. App. Ct. 170 (2001), filed an application for *1008further appellate review,1 a motion in the Appeals Court seeking leave to file a late petition for rehearing, and a petition in the county court pursuant to G. L. c. 211, § 3. The Commonwealth maintains that the Appeals Court erred in ordering a new trial on the record before it, and instead should have remanded…