Creighton v. Commonwealth

The petitioner’s first trial having ended in a mistrial, he moved to dismiss the indictments against him on the ground that a retrial would be barred by principles of double jeopardy. The trial judge denied his motion. The petitioner next filed a petition in the county court pursuant to G. L. c. 211, § 3 (1994 ed.), pressing the double jeopardy issue. A single justice denied the petition after a hearing. The petitioner did not appeal from that judgment to the full court, as he could have done.

The petitioner was then retried and convicted, and he is pursuing an appeal. A stay of the sentence…