Home ORLANDO MONTES vs. COMMONWEALTH

423 Mass. 1014

August 16, 1996

The case was submitted on the papers filed, accompanied by a memorandum of law.

Rosemary J. Cooper for the plaintiff.

Michael J. Hickson, Assistant District Attorney, for the Commonwealth.

Following denial of his motions to dismiss and to suppress, Orlando Montes (defendant) petitioned a single justice of this court under G. L. c. 211, s. 3 (1994 ed.), and requested dismissal of the complaint against him, "as a necessary prophylactic remedy in the interest of justice." The single justice denied relief, and the defendant sought review under S.J.C. Rule 2:21, 421 Mass. 1303 (1995).

The defendant has not demonstrated sufficiently that review on appeal, if any, following essential fact finding and a judgment will not adequately protect his interests. We exercise our supervisory power "only in exceptional circumstances and where necessary to protect substantive rights in the absence of an alternative, effective remedy." Soja v. T.P. Sampson Co., 373 Mass. 630 , 631 (1977), and cases cited.

Judgment affirmed.

Home ROBERT POPE vs. GLOUCESTER CONSERVATION COMMISSION & another. [Note 1]

423 Mass. 1014

August 16, 1996

The case was submitted on the papers filed.

Robert Pope, pro se.

Judith Fabricant, Assistant Attorney General, for the defendants.

The plaintiff purports to appeal under S.J.C. Rule 2:21, 421 Mass. 1303 (1995), to the full court from a single justice's denial of relief sought under G. L. c. 211, s. 3 (1994 ed.). If we assume without deciding, that the document submitted by the plaintiff met his filing responsibility under rule 2:21, we conclude that he has not made the requisite showing that review on appeal (or other available means) of the trial court decision would not be adequate.

Judgment affirmed.


FOOTNOTES

[Note 1] Department of Environmental Protection.