Johnston v. Commonwealth

Christopher Johnston appeals from a judgment of a single justice of this court denying his petition for relief under G. L. c. 211, § 3. Johnston was indicted on charges of burglary and aggravated rape. Johnston’s G. L. c. 211, § 3, petition challenged certain interlocutory rulings of the Superior Court, sought the disqualification of the judge who made those rulings, and requested a stay of trial court proceedings. The case is now before us on Johnston’s memorandum and appendix pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001). We dismiss the appeal as moot.

The Superior Court…