Esteves v. Commonwealth

John Esteves (petitioner) appeals under S.J.C. Rule 2:21, 421 Mass. 1303 (1995), from a single justice’s denial of a request for relief pursuant to G. L. c. 211, § 3. A Superior Court judge had denied the petitioner’s motion to dismiss certain indictments, based on the judge’s conclusions that the petitioner’s right to a speedy trial had not been violated, and that the petitioner had not made a “showing of prejudicial delay.”

The Superior Court judge’s denial of the motion to dismiss is an interlocutory order for purposes of rule 2:21 (1). We turn to the petitioner’s contention that the…