Hines v. Commonwealth

The petitioner was tried, convicted, and sentenced in 1982 on a charge of escape. In 1995, he filed a petition in the county court, pursuant to G. L. c. 211, § 3 (1994 ed.), seeking relief from his sentence. A single justice denied the petition without a hearing, and the petitioner appeals.

To obtain relief under G. L. c. 211, § 3, a petitioner must demonstrate that the alleged error or abuse could not adequately and effectively be remedied through the normal appellate process or through some other available method of review. McGuinness v. Commonwealth, 420 Mass. 495, 497 (1995), and cases…