Tavares v. Commonwealth

In 1987, Tavares was convicted of assault and battery, assault with intent to kill, and aggravated rape. On direct appeal, his convictions were affirmed by the Appeals Court. Commonwealth v. Tavares, 27 Mass. App. Ct. 637 (1989). His first motion for a new trial was denied in 1992, and this denial was also affirmed. Commonwealth v. Tavares, 57 Mass. App. Ct. 1111 (2003). Three further motions for a new trial were denied without appeal. Tavares’ fifth motion was denied in 2000.

“It is settled that ‘relief under G. L. c. 211, § 3, is extraordinary and may not be sought as a substitute for normal…