POPE v. COMMONWEALTH, 424 Mass. 1002 (1997)

673 N.E.2d 1223

Supreme Judicial Court of Massachusetts.
January 6, 1997.

Supreme Judicial Court, Appeal from order of single justice.

The case was submitted on the papers filed, accompanied by a memorandum of law.

Randy Pope, pro se.

Kevin M. Burke, District Attorney, for the Commonwealth.

Randy Pope (defendant) purports to appeal under S.J.C. Rule 2:21, 421 Mass. 1303 (1995), to the full court from a single justice’s denial of relief sought under G. L. c. 211, § 3 (1994 ed.), and G. L. c. 261, § 27D (1994 ed.). The defendant had sought review of the denial of his request under G. L. c. 261, §§ 27A-27G (1994 ed.), for funds to hire an investigator.

The decision on which the defendant sought review was made in the Superior Court and appeal therefrom was to a single justice of the Appeals Court. G. L. c. 261, § 27D. The defendant has not demonstrated “the absence of an alternative, effective remedy.” See Soja v. T.P. Sampson Co., 373 Mass. 630, 631 (1977), and cases cited. The single justice did not commit an error of law or abuse his discretion.

Judgment affirmed.