Court Case Record COMMONWEALTH v. MAURICE L. BOND OE-0133 UID(7b68)


Court Case Number: OE-0133

Case NumberOE-0133
Case Type
StateMassachusetts, MA
CountyAll Counties
Court Address1 Pemberton Square, Boston , MA 02108
Phone617-557-1000, 617-725-8106, 617-226-1500
Field Date04/11/2016
Close Date08/05/2016


John P. Zanini, Assistant District Attorney Kathryn Leary, EsquireCommonwealthPlaintiff
Jane Larmon White, Esquire Sandra Odiaga, EsquireMaurice L. BondDefendant
Entry Date Paper Entry Text
04/11/2016 Entered.
04/11/2016 #1 Petition for Extraordinary Relief pursuant to G.L. 211, s.3 filed for the Commonwealth by John Zanini, A.D.A. and Kathryn E. Leary, A.D.A.
04/19/2016 #2 Notice of Appearance of Jane Larmon White for Maurice L. Bond.
06/03/2016 #3 MOTION for discovery concerning District Attorney's appeals of suppression orders filed for Maurice L. Bond by Jane Larmon White, Esquire. (See no. 2)
06/03/2016 #4 Service of brief for Maurice L. Bond, filed by Jane L. White, Esquire.
06/09/2016 #5 Opposition to paper no. 3 (Motion for discovery), filed by Commonwealth.
08/05/2016 #6 ORDER: After a judge of the Boston Municipal Court allowed the defendant's motion to suppress, the Commonwealth filed an application in the county court seeking leave to appeal the suppression order, pursuant to Mass. R. Crim. P. 15 (a) (2). A single justice of this court denied the application. A different Boston Municipal Court judge thereafter dismissed the complaint without prejudice. Nearly ten months after the complaint was dismissed, and nearly eleven months after the entry of the single justice's order, the Commonwealth filed a G. L. c. 211, § 3, petition directly in the full court, challenging the single justice's denial of leave to appeal. We dismiss the petition as moot. We have previously "cautioned that we would exercise our power under [G. L. c. 211, § 3,] only in exceptional circumstances." Commonwealth v. Rivera, 424 Mass. 1007, 1008 (1997), citing Commonwealth v. Dunigan, 384 Mass. 1, 5 (1985). No such circumstances have been demonstrated in this case. Not only was the underlying criminal complaint dismissed months before the petition was filed, rendering this case moot at its inception, see Burns v. Commonwealth, 430 Mass. 444, 447 (1999), but the Commonwealth's nearly eleven-month delay in seeking relief from the single justice's order is unexplained. Although G. L. c. 211, § 3, does not expressly specify a time limit for filing a petition, it should be filed within a reasonable time. It would make little sense for us to even consider granting the Commonwealth leave to appeal a suppression ruling where the underlying case is no longer active in the trial court. Moreover, an adverse decision from the single justice, for which the Commonwealth lacks a right of appeal, does not equate automatically with an exceptional circumstance requiring consideration under G. L. c. 211, § 3. See Commonwealth v. Snow, 456 Mass. 1019, 1019-1020 (2010), and cases cited. After a careful review of the Commonwealth's petition, we decline to exercise the court's extraor