In re Ellis
Citation | 957 N.E.2d 222,460 Mass. 1020 |
Decision Date | 15 November 2011 |
Docket Number | SJC–11042. |
Parties | Joan ELLIS, petitioner. |
Court | United States State Supreme Judicial Court of Massachusetts |
OPINION TEXT STARTS HERE
Supreme Judicial Court, Superintendence of inferior courts. Practice, Criminal, Complaint, Issuance of process.Jeremy T. Robin, Boston, for the petitioner.
John E. Sutherland, Boston, for the respondent.
Joan Ellis appeals from a judgment of a single justice of this court denying, without a hearing, her petition for relief under G.L. c. 211, § 3. Ellis applied in the Boston Municipal Court for the issuance of a criminal complaint charging her neighbor with one or more offenses. A clerk-magistrate, after giving Ellis and the neighbor an opportunity to be heard, found no probable cause and denied the application. A judge in the Boston Municipal Court also declined to issue a criminal complaint. Ellis's G.L. c. 211, § 3, petition followed.1
The single justice properly denied relief, as “a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another.” Hagen v. Commonwealth, 437 Mass. 374, 380, 772 N.E.2d 32 (2002), quoting Tarabolski v. Williams, 419 Mass. 1001, 1002, 642 N.E.2d 574 (1994). Victory Distribs., Inc. v. Ayer Div. of the Dist. Court Dep't, 435 Mass. 136, 141, 755 N.E.2d 273 (2001). Ellis filed her application, and the court acted on it. She has no further standing in this matter.
Judgment affirmed.
The case was submitted on the papers filed, accompanied by a memorandum of law.
1. Ellis filed a memorandum pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001). That rule does not apply because the dismissal of Ellis's complaint was not an interlocutory ruling of the trial court.
To continue reading
Request your trial-
Newmexico v. Commonwealth
...to 82 N.E.3d 1041constitutionality of statute under which defendant was charged), Garden v. Commonwealth, 460 Mass. 1018, 1019, 957 N.E.2d 222 (2011) (statute of limitations claim), Fitzpatrick v. Commonwealth, 453 Mass. 1014, 1015, 904 N.E.2d 426 (2009) (jurisdictional claim), Bateman v. C......
-
In re an Application for a Criminal Complaint
......1011First, the single justice properly denied the petitioner's request for a rehearing of her application for a criminal complaint. It is well established that "a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another." Ellis, petitioner , 460 Mass. 1020, 1020–1021, 957 N.E.2d 222 (2011), quoting Hagen v. Commonwealth , 437 Mass. 374, 380, 772 N.E.2d 32 (2002). For this reason, "we have consistently declined to review, under the authority given to us by G. L. c. 211, § 3, refusals to issue complaints." Bradford v. ......
-
Garden v. Commonwealth, SJC–11038.
...Mass. 1018957 N.E.2d 222Tyrone GARDENv.COMMONWEALTH.SJC–11038.Supreme Judicial Court of Massachusetts.Nov. 15, [957 N.E.2d 223] John M. Goggins, Worcester, for the petitioner.Joseph J. Reilly, III, & Ellyn H. Lazar–Moore, Assistant District Attorneys, for the Commonwealth.RESCRIPT. [460 Mas......
-
In re Simkin, SJC–11750.
......That is essentially what Simkin seeks to accomplish here. He filed complaints with the board, as was his right; bar counsel investigated but declined to pursue them; and, after review, the board determined not to proceed. Simkin has no further standing in the matter. See id. See also Ellis, petitioner, 460 Mass. 1020, 1021, 957 N.E.2d 222 (2011).Judgment affirmed. The case was submitted on the papers filed, accompanied by a memorandum of law.--------Notes:1 Simkin filed a memorandum and appendix pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001). That rule does not apply ......