Clark v. Commonwealth

In Commonwealth v. Clark, 53 Mass. App. Ct. 342 (2001), the Appeals Court affirmed the trial court’s allowance of the Commonwealth’s motion to correct an amended mittimus. We denied further appellate review. Commonwealth v. Clark, 435 Mass. 1109 (2002). Simultaneously with his prosecution of that appeal, the petitioner sought to raise the same issues in the county court, by filing a petition pursuant to G. L. c. 211, § 3.

The single justice denied the petition, stating that, “[wjhere a petitioner can raise his claim in the normal course of appeal, as the [petitioner] is doing at present,…