396 Mass. 1001 | Mass. | 1985
The Commonwealth has moved to dismiss the petitioner’s appeal. We dismiss the appeal on the ground of mootness.
We recite the facts as asserted by the petitioner.
The petitioner argues that, by the terms of the applicable statute, G. L. c. 276, § 58 (1984ed.),the Superior Court judge could not properly increase the bail absent changed circumstances. Citing Commesso v. Commonwealth, 369 Mass. 368, 371-372 (1975), he also asserts that a single justice of this court may review questions of law concerning bail set in the Superior Court, and that an appeal lies to the full court from an order of the single justice regarding bail. The Commonwealth responds that the bail issue is no longer viable, and that the appeal should be dismissed as moot. We agree. See Kelley v. Kelley, 374 Mass. 826, 827 (1978).
The petitioner also argues that, even if the matter is moot, we should resolve the issue (whether bail may be increased absent changed circumstances) as one which is capable of repetition yet evading review. On occasion we have been willing to resolve such issues, despite mootness. First Nat’l Bank v. Haufler, 377 Mass. 209, 211 (1979). “An issue apt to evade review is one which tends to arise only in circumstances that create a substantial likelihood of mootness prior to completion of the appellate process.” Id. There is no showing of such circumstances here. The delaying factors to which the petitioner points as the cause of his inability to gain full court review before mootness occurred need not arise in any similar case so as to prevent expeditious full court review.
Appeal dismissed.
The Commonwealth does not agree with all the petitioner’s assertions, and we assume that the Commonwealth in particular disagrees with the petitioner’s claim that “there had been no changed circumstances.” Nevertheless, for the purpose of ruling on the motion to dismiss, we accept the facts as asserted in the petitioner’s brief.