421 Mass. 1008

December 21, 1995

Joseph F. Krowski, for the defendant, submitted a brief.

James M. Kater (defendant) has been convicted by two different juries of kidnapping and murder in the first degree; this court has reversed the convictions on both occasions. A third trial ended in a mistrial. The Commonwealth is preparing to try the defendant a fourth time. To that end, the Commonwealth filed a motion in limine to admit evidence of prior bad acts. The trial judge allowed the Commonwealth's motion.

In August, 1995, the defendant filed in the county court a petition for relief under G. L. c. 211, Section 3 (1994 ed.). A single justice denied the petition. The defendant appealed. The Commonwealth has moved to dismiss

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the appeal. The Commonwealth's motion is allowed. Whatever relief the defendant may be entitled to may be sought in the normal course of appeal.

Appeal dismissed.