DISCLAIMER:

These summaries of case decisions are intended for informational purposes only. They are not intended to be interpretations of the law, nor do they encompass the subtleties of each case. Therefore, reference to the original text is indispensable.



Thursday, April 19, 2012

Deidre Forknall v. Commonwealth



Facts: The petitioner, Forknall, filed her petition in the county court after a judge in the District Court denied her motion to dismiss a complaint charging her with leaving the scene of property damage and operating a motor vehicle with a suspended license. The single justice denied the petition.

Issue: Whether this case presents the type of exceptional circumstances that warrant the exercise of this court's extraordinary power of general superintendence.

No. The petitioner’s argument was a claim that review of any adverse decision in the trial court cannot adequately be obtained on appeal because she “has various diagnosed mental disorders [that would leave her] completely emotionally drained [and unable to] be rational throughout ordinary appellate proceedings....”, but since she did not raise this claim before the single justice, the court did not need to consider it. (CH)