Bateman v. Commonwealth
Decision Date | 21 June 2007 |
Docket Number | SJC-09957 |
Citation | 449 Mass. 1024,868 N.E.2d 606 |
Parties | Dennis BATEMAN v. COMMONWEALTH. |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
RESCRIPT.
Dennis Bateman appeals from a judgment of a single justice of this court denying his petition for relief under G.L. c. 211, § 3. We affirm.
Bateman was indicted on charges of murder and armed robbery. He was also indicted for larceny under $250 and being a common and notorious thief. The two sets of indictments are the subjects of separate proceedings in the Superior Court. In motions to dismiss the indictments, Bateman argued that the evidence before the grand jury did not establish probable cause to indict and that the integrity of the grand jury was impaired by the omission of exculpatory evidence and the introduction of unfairly prejudicial evidence. Bateman was also charged in the District Court with certain motor vehicle violations, which charges he also moved to dismiss. All motions were denied. Bateman's G.L. c. 211, § 3, petition challenged those interlocutory rulings. The single justice denied relief without a hearing.
The case is before us pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001), which requires Bateman to "set forth the reasons why review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means." He has not done so. Jackson v. Commonwealth, 437 Mass. 1008, 1009, 770 N.E.2d 469 (2002), and cases cited. If Bateman is convicted on any of the indictments, the evidence before the grand jury may be reviewed in the ordinary course of appeal. See, e.g., Commonwealth v. McCarthy, 385 Mass. 160, 430 N.E.2d 1195 (1982) ( ). Similarly, his challenge to the motor vehicle charges may be raised in an appeal from any conviction of those charges.1 The single justice neither abused his discretion nor committed any other error of law.
Judgment affirmed.
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