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Sarantakis v. Commonwealth
State: Massachusetts
Court: Supreme Court
Docket No: SJC-11037
Case Date: 11/15/2011
Plaintiff: Sarantakis
Defendant: Commonwealth
Specialty: RESCRIPT.
Preview:Sarantakis v. Commonwealth Opinion Summary: Defendant appealed from a judgment of a single justice of the court denying, without hearing, his petition for relief under G.L.c. 211, section 3. The case before the court on defendant's memorandum pursuant to S.J.C. Rule 2:21, which required him to "set forth the reasons why review of the trial court decision could not adequately be obtained on appeal from any final adverse judgment in the trial court or other available means." In his memorandum, which primarily focused on the merits of the judge's decision to revoke his sentence, defendant briefly asserted that he had no remedy in the ordinary appellate process. The court disagreed, if defendant was resentenced to a longer term, he could raise the revocation issue on appeal from that decision. Gerald SARANTAKIS vs. COMMONWEALTH. SJC-11037. November 15, 2011. Supreme Judicial Court, Superintendence of inferior courts, Appeal from order of single justice. Practice, Criminal, Sentence. Michael Talty for the petitioner. Sarah C. Fallon, Assistant District Attorney, for the Commonwealth. RESCRIPT. Gerald Sarantakis appeals from a judgment of a single justice of this court denying, without a hearing, his petition for relief under G.L. c. 211,
Download sjc-11037.pdf

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