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SHERIFF OF SUFFOLK COUNTY v. PIRES

438 Mass. 96 (2002)

SHERIFF OF SUFFOLK COUNTY v. PAULINO PIRES.

Supreme Judicial Court of Massachusetts, Suffolk.

November 5, 2002.

Attorney(s) appearing for the Case

Dean A. Mazzone, Assistant Attorney General (William J. Meade, Assistant Attorney General, with him) for the plaintiff.

Eduardo Masferrer, Committee for Public Counsel Services (Benjamin H. Keehn, Committee for Public Counsel Services, with him) for the defendant.

Present: MARSHALL, C.J., GREANEY, SPINA, COWIN, SOSMAN, & CORDY, JJ.

CORDY, J.

Acting on a petition for relief brought by the sheriff of Suffolk County pursuant to G. L. c. 211, § 3, a single justice of this court reserved and reported the following question: is a petition for a writ of habeas corpus a proper means of appealing from a bail revocation proceeding under G. L. c. 276, § 58? We conclude that it is not.

1. Background. On August 22, 2001, Paulino Pires was indicted on charges of illegal possession...

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