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IN RE BIRCHALL

454 Mass. 837 (2009)

RICHARD G. BIRCHALL, petitioner.

Supreme Judicial Court of Massachusetts, Suffolk.

September 23, 2009.

Attorney(s) appearing for the Case

Richard J. Cohen for the petitioner.

Jennifer E. Vecchi for the intervener.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

GANTS, J.

Richard G. Birchall filed a petition for a writ of habeas corpus in the county court pursuant to G. L. c. 248, § 1, seeking relief from his continued detention in the Barnstable County house of correction, where he has been held since April 19, 2007. The petitioner asserts that his incarceration is pursuant to a contempt "order" of a judge in the Orleans Division of the District Court Department that never issued and does not appear on the court docket...

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