Cooper v. Commonwealth

Scott Cooper appeals from a judgment of the county court denying, without a hearing, Cooper’s petition for relief under G. L. c. 211, § 3, or for relief in the nature of mandamus. We affirm.

In 2002, Cooper was convicted of forcible rape of a child and other offenses. His convictions were affirmed by the Appeals Court in an unpublished decision. Commonwealth v. Cooper, 69 Mass. App. Ct. 1110 (2007). In 2013, Cooper filed a motion for a new trial, which was denied by a judge in the Superior Court (motion judge). He filed a late notice of appeal and was advised that he had to file a motion for…