Afrasiabi v. Commonwealth
473 Mass. 1016
Mass.2015Background
- Afrasiabi is charged with a single count of criminal harassment in the Cambridge Division of the District Court.
- He moved to dismiss, alleging the clerk-magistrate heard perjured testimony and issued the complaint on that basis.
- A District Court judge denied the motion to dismiss.
- Afrasiabi filed a petition in the county court under G. L. c. 211, § 3; a single justice denied without a hearing.
- The full court affirmed the denial of relief, citing Rule 2:21 and the availability of an adequate alternative remedy.
- Afrasiabi previously pursued similar appeals to the full court but failed to comply with Rule 2:21.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 2:21 compliance required for review | Afrasiabi contends the petition should be reviewed despite lack of memorandum. | Rule 2:21 requires a memorandum; noncompliance justifies denial. | Noncompliance is a separate, sufficient ground to deny review. |
| Adequate alternative remedy exists | Unknown alternative relief justifies extraordinary relief. | Direct appeal after conviction provides full relief. | Single justice appropriately declined extraordinary relief; adequate remedy exists via direct appeal. |
Key Cases Cited
- Soucy v. Commonwealth, 470 Mass. 1025 (Mass. 2015) (adequacy of direct appeal as remedy after denial of dismissal)
- Jackson v. Commonwealth, 437 Mass. 1008 (Mass. 2002) (adequate remedy via direct appeal after conviction)
- Rasten v. Northeastern Univ., 432 Mass. 1003 (Mass. 2000) (failure to comply with Rule 2:21 when review sought)
- Afrasiabi v. Rooney, 432 Mass. 1006 (Mass. 2000) (rule 2:21 noncompliance and extraordinary relief discussed)