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MacDOUGALL v. COMMONWEALTH

447 Mass. 505 (2006)

MARK MacDOUGALL v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

August 28, 2006.

Attorney(s) appearing for the Case

Peter M. Onek, Committee for Public Counsel Services (John Reinstein with him) for Committee for Public Counsel Services & another.

Brian A. Wilson, Assistant District Attorney, for the Commonwealth.

Mark MacDougall, pro se, submitted a brief.

Nancy Ankers White, Special Assistant Attorney General, & William D. Saltzman for Commissioner of Correction, amicus curiae, submitted a brief.

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

CORDY, J.

The petitioner, Mark MacDougall, appeals from a judgment of a single justice of this court denying his petition for relief under G. L. c. 211, § 3. The petitioner is a pretrial detainee, awaiting trial in the Superior Court, who challenges a decision of the Commissioner of Correction (commissioner) to transfer him from a county jail to a State correctional facility while he awaits trial. He claims that the...

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