Diggs v. Commonwealth

A single justice of this court denied the petitioner’s request for relief pursuant to G. L. c. 211, § 3, and the petitioner appealed. As the petitioner’s direct appeal from his convictions is currently pending before the Appeals Court, he has availed himself of an adequate and effective remedy other than a petition under G. L. c. 211, § 3, through which he may seek the requested relief. Maza v. Commonwealth, 423 Mass. 1006 (1996), and cases cited. “We have emphasized that relief under G. L. c. 211, § 3, is extraordinary and may not be sought as a substitute for normal appellate review. Soja…