McGuinness v. Commonwealth

A judge in the Superior Court denied the motion to dismiss. The petitioner then sought relief in the county court under G. L. c. 211, § 3. A single justice of this court denied his petition without a hearing. The petitioner has appealed to the full court.

Because the petitioner raises a double jeopardy claim that, if successful, could not adequately be remedied in an ordinary appeal after a trial and conviction, we have permitted him to proceed with this interlocutory appeal. McGuinness v. Commonwealth, 423 Mass. 1003 (1996). While the appeal has been pending, however, we issued a decision in…