Simmons v. Commonwealth

The plaintiff appeals from an order entered in the county court denying him relief on a petition under G. L. c. 211, § 3 (1986 ed.). We shall assume in the plaintiff’s favor that his appeal also brings before us his challenge to a related- judgment in the county court denying him a writ of habeas corpus on a complaint raising the same challenge to his indictments. The plaintiff’s objections based on circumstances existing at the time of his trial could have been presented by an appeal from his convictions and those based on any posttrial circumstances could have been made by a postconviction…