455 Mass. 1013

Barry H. Spencer, Jr. vs. Superior Court for Suffolk County.

November 20, 2009.

Supreme Judicial Court,

To the extent the petition sought an order compelling preparation of transcripts, the request has become moot.2 See, e.g., Stow v. Commonwealth, 423 Mass. 1002 (1996). The Superior Court dockets in the underlying cases indicate that transcripts either have been prepared or, with respect to one hearing, a transcript cannot be prepared but the defendant has waived reconstruction. In fact, the record already has been assembled in one of the cases, the petitioner’s appeal has been entered in the Appeals Court, and an attorney has filed an appellate brief on his behalf.3

To the extent the petition additionally sought a stay of one of the petitioner’s *1014sentences, he was denied such relief by a single justice of the Appeals Court, and a panel of that court in a memorandum and order pursuant to its rule 1:28 affirmed the denial. Commonwealth v. Spencer, 75 Mass. App. Ct. 1112 (2009).*4 Not only is mandamus not available to review or reverse a discretionary decision of a judicial officer, Montefusco v. Commonwealth, 452 Mass. 1015 (2008), but the petitioner has not demonstrated that the single justice otherwise erred or abused her discretion in declining to issue the relief requested.5

The case was submitted on briefs.

Barry H. Spencer, Jr., pro se.

Joseph M. Ditkoff, Assistant District Attorney, for the defendant.

Judgment affirmed.

Spencer v. Superior Court
455 Mass. 1013

Case Details

Name
Spencer v. Superior Court
Decision Date
Nov 20, 2009
Citations

455 Mass. 1013

Jurisdiction
Massachusetts

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