464 Mass. 1014 (2013)
The petitioner filed, pro se, a document in the county court entitled
"Defendant-Appellant's Interlocutory Appeal on Confrontation Clause with a
Known Confidential Informant -- Sixth Amendment -- [MCAP 15]." This document related to a criminal case in
which he was represented by counsel that was pending against him in the
Dorchester Division of the Boston Municipal Court Department. Copies of the relevant papers from the
District Court case did not accompany this document. A single justice of the court denied relief
without a hearing. The defendant
appealed the single justice’s decision.
The SJC upheld the single justice’s ruling. The
court concluded that all of the interlocutory orders of the trial court that
were identified by the defendant in his papers could be reviewed, and remedied
if appropriate, in a direct appeal after trial if the petitioner were to be
convicted. In addition, in the District Court case, counsel represented the
petitioner. The court held that absent
extraordinary circumstances, a party represented by counsel in pending criminal
proceedings is not entitled to challenge interlocutory rulings pro se.
Written 7/14/2013
