Opinion
No. 12–P–79.
2013-02-5
Leonard JACKSON, petitioner.
By the Court (TRAINOR, AGNES & SULLIVAN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
Petitioner Leonard Jackson appeals from the denial of his petition for a writ of habeas corpus brought by him on October 15, 2010. See G.L.c. 248, § 1; Mass.R.Crim.P. 30(a), as appearing in 435 Mass. 1501 (2001). Jackson's petition alleges that he is entitled to immediate release from custody despite his convictions of murder in the first degree and unlawful possession of a firearm which were affirmed on appeal. See Commonwealth v. Jackson, 447 Mass. 603 (2006). Jackson contends that the Bristol County Superior Court lacked subject matter jurisdiction to try, convict, and sentence him. The basis of this assertion is that the Commonwealth's application for a complaint was neither signed nor processed by a judicial magistrate. The petitioner argues that all subsequent proceedings were void, his detention in the Old Colony Correctional Center by the superintendent is illegal, his convictions should be vacated, and he should be immediately released from the facility. We affirm. The circumstances of the defendant's arrest and confession to the police were thoroughly explored in connection with his direct appeal. Commonwealth v. Jackson, supra, 447 Mass. at 605–614. The Supreme Judicial Court concluded, after the matter was remanded to the trial court for additional findings, that there was probable cause for Jackson's arrest. Any defects in the initial proceedings before the District Court have no bearing on the validity of the subsequent indictment which conferred jurisdiction on the Superior Court. See G.L.c. 277, § 47A; Commonwealth v. Lamont L., 438 Mass. 842, 845 (2003). We agree with the judge below that Jackson's petition presents nothing beyond the issues that were previously considered and rejected by the Supreme Judicial Court. Because Jackson is not entitled to immediate release, his petition for a writ of habeas corpus was properly dismissed. See Nelson v. Commissioner of Correction, 390 Mass. 379, 386 (1983).
An appeal from the denial of a petition for a writ of habeas corpus is provided for in Mass.R.Crim.P. 30(c)(8), as appearing in 435 Mass. 1502 (2001). While the record does not contain the petitioner's notice of appeal, his brief makes it apparent that he is appealing the denial of his habeas petition, and no objection has been interposed by counsel for the defendant.
Order dismissing petition for a writ of habeas corpus affirmed.