IN RE JUSTICES OF SUPERIOR COURT DEPT. OF MASS.

No. 00-1168.

218 F.3d 11 (2000)

In re JUSTICES OF the SUPERIOR COURT DEPARTMENT OF the MASSACHUSETTS TRIAL COURT, Petitioner.

United States Court of Appeals, First Circuit.

Decided July 3, 2000.


Attorney(s) appearing for the Case

Cathryn A. Neaves, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, and Catherine E. Sullivan, Assistant Attorney General, were on brief, for petitioner.

Max D. Stern, with whom Jonathan Shapiro, Patricia Garin, Stern, Shapiro, Weissberg & Garin, Michael Angelini, Bowditch & Dewey, LLP, Sara Rapport, Perkins, Smith & Cohen, LLP, Joseph Monahan and Monahan & Padellaro were on brief, for respondent.

Before TORRUELLA, Chief Judge, STAHL and LIPEZ, Circuit Judges.


TORRUELLA, Chief Judge.

The Commonwealth of Massachusetts, in name of the Justices of the Superior Court of the Massachusetts Trial Court, asks us to exercise our mandamus authority under the All Writs Act, 28 U.S.C. § 1651, to order the district court to decide or otherwise dispose of a pretrial petition for habeas corpus relief which the Commonwealth claims is interfering with state criminal proceedings. Although this power is used exceedingly sparingly, we...

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