McClain v. Commonwealth, 657 N.E.2d 227 (Mass. 1995). · Go Syfert
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McClain v. Commonwealth, 657 N.E.2d 227 (Mass. 1995). Cases Citing This Book View Copy Cite
22 citation events (18 in the last 25 years) across 5 distinct courts.
Strongest positive: Commonwealth v. Van Zant (masssuperct, 1999-08-06)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Commonwealth v. Van Zant
Mass. Super. Ct. · 1999 · confidence medium
See Breese v. Commonwealth, 415 Mass. 249, 250 (1993); see also Commonwealth v. Egardo, 426 Mass. 48, 50 (1997); Commonwealth v. Lanoue, 400 Mass. 1007, 1008 (1987); Haberek v. Commonwealth, 421 Mass. 1005, 1005 (1995).
cited Cited "see" Commonwealth v. Johnston
Mass. · 2014 · signal: see · confidence high
See Commonwealth v. Habarek, 402 Mass. 105, 110 (1988), S.C., 421 Mass. 1005 (1995).
discussed Cited "see" Herbert v. Dickhaut
D. Mass. · 2010 · signal: see · confidence high
See Commonwealth v. Shipps, 440 Mass. 1018 , 1019 n. 1, 797 N.E.2d 1202 (2003). 9 In Haberek, 421 Mass. 1005 , 657 N.E.2d 228 , the SJC overturned the gatekeeper justice’s ruling on the basis of a specific constitutional harm at issue in the case: “the same counsel was both the trial attorney and the appellate attorney, [and therefore] the ineffective assistance of counsel claim could not have been raised earlier.” Id. at 1005 , 657 N.E.2d 228 .
cited Cited "see" Commonwealth v. Williams
Mass. App. Ct. · 2007 · signal: see · confidence high
See Haberek v. Commonwealth, 421 Mass. 1005, 1005-1006 (1995); Commonwealth v. Azar, 435 Mass. 675, 686 (2002).
cited Cited "see" Commonwealth v. DePace
Mass. · 2001 · signal: see · confidence high
See Commonwealth v. Habarek, 402 Mass. 105, 110 (1988), S.C., 421 Mass. 1005 (1995).
cited Cited "see" Haberek v. Maloney
D. Mass. · 2000 · signal: see · confidence high
See Haberek v. Com *205 monwealth, 421 Mass. 1005 , 657 N.E.2d 228 (1995).
cited Cited "see" Vega v. Commonwealth
Mass. · 1997 · signal: see · confidence high
See McClain v. Commonwealth, 421 Mass. 1005 (1995).
discussed Cited "see, e.g." Commonwealth v. Womack
Mass. · 2010 · signal: compare · confidence low
Compare Commonwealth v. Habarek, 402 Mass. 105, 110 (1988), S.C., 421 Mass. 1005 (1995) (exercise of right to remain silent admissible to show why interview ended abruptly).
Retrieving the full opinion text from the archive…
Donald J. McClain
v.
Commonwealth
Massachusetts Supreme Judicial Court.
Nov 14, 1995.
657 N.E.2d 227
Donald J. McClain, pro se, submitted a brief.
Cited by 1 opinion  |  Published

In 1976, Donald J. McClain (defendant) pleaded guilty to breaking and entering a dwelling house in the nighttime and committing a felony therein. Also, in 1976, the defendant pleaded guilty to escaping from prison. The defendant instituted no postconviction proceedings or appeals relative to those convictions until he moved for a new trial in May, 1994. In February, 1995, he filed motions for release from unlawful restraint and for an evidentiary hearing. Those motions were denied as was a motion to reconsider. The defendant did not appeal.

In March, 1995, the defendant filed in this court a petition for relief under G. L. c. 211, § 3 (1994 ed.). A single justice denied the petition. The defendant appealed. The Commonwealth has moved to dismiss the appeal. The Commonwealth’s motion is allowed. Relief under c. 211, § 3, could have and should have been raised by timely appeal from the rulings in the trial court.

Appeal dismissed.