| APPEALS COURT Panel Cases Case Docket |
|
COMMONWEALTH vs. FRANK E. GARCIA, JR. |
| CASE HEADER | |||
| Case Status | Stayed till certain date | Status Date | 02/02/2005 |
| Nature | CRIMINAL | Entry Date | 01/07/2004 |
| Sub-Nature | Ind A&B child under 14, 3 counts | SJ Number | |
| Appellant | Defendant | Case Type | Criminal |
| Brief Status | Awaiting status report | Brief Due | 03/02/2005 |
| Panel | Argued/Submitted | ||
| Citation | Decision Date | ||
| Lower Court | Leominster District, WO | TC Number | |
| Lower Ct Judge | Michael J. Brooks, J. | TC Entry Date | 06/04/2002 |
| INVOLVED PARTY | ATTORNEY APPEARANCE |
| Commonwealth Plaintiff/Appellee Awaiting red brief |
Christopher P. Hodgens, A.D.A. |
| Frank E. Garcia, Jr. Defendant/Appellant Awaiting status report 12 Extensions, 380 Days |
James L. Sultan, Esquire |
| DOCKET ENTRIES | ||
| Entry Date | Paper | Entry Text |
| 01/07/2004 | Transcripts received: vols: 5; sets: 2 in Clerk's envelope. | |
| 01/07/2004 | #1 | Entered. |
| 02/13/2004 | #2 | MOTION to extend brief & appendix due date, filed by Frank E. Garcia, Jr.. |
| 02/13/2004 | RE#2: Denied without prejudice to seeking a stay of appellate proceedings. Note that leave must be sought and obtained from this court before filing the motion for a new trial. See Commonwealth v. Montgomery 53 Mass App Ct 350 (2001). *Notice. | |
| 02/18/2004 | #3 | MOTION to stay, filed by Frank E. Garcia, Jr. and for leave to file new trial motion in the lower court. |
| 02/20/2004 | RE#3: The defendant is granted leave to file a motion for new trial in the trial court, provided the motion is filed on or before 03/22/04. Appellate proceedings are stayed to 03/23/04, and defendant is to file a status report by then, and on every 30 days thereafter, as to the motion's progress. (McHugh, J.) *Notice/Attest/Brooks, J.. | |
| 03/22/2004 | #4 | Status report and request to continue stay of appellate proceedings, filed by Frank E. Garcia, Jr. |
| 03/22/2004 | RE#4: Noted. The appellate proceedings are further STAYED to 04/22/04. A status report is due that date indicating that all the relevant depositions have occurred and that counsel is prepared to file the defedant's motion for new trial. Notice | |
| 04/16/2004 | #5 | Status report and request to continue stay of appellate proceedings, filed by Frank E. Garcia, Jr. |
| 04/21/2004 | RE#5: Appellate proceedings STAYED to 05/21/04. Status report due 5/21/04 to indicate that the motion for a new trial has been filed. If the motion has not been filed by that date, the stay will be vacated and the appellant shall proceed with his direct appeal. (Cohen, J.) Notice. | |
| 05/18/2004 | #6 | Status Report filed by Frank E. Garcia, Jr., with request to continue stay for additional week. |
| 05/20/2004 | RE#6: Case STAYED to 05/28/2004. Status report and copy of motion for new trial due that date per the within (Kantrowitz, J.) *Notice. | |
| 05/28/2004 | #7 | Status Report and request for further stay, w/attach. copy of motion for new trial/memo of law in support of deft's motion for new trial with appendix of documentary exhibits to memo of law RE:#6 filed by Frank E. Garcia, Jr.. |
| 05/28/2004 | RE#4: Appellate proceedings STAYED to 07/15/04. Status report due that date as to the pending motion for new trial. Notice/Attest/Brooks, J. | |
| 07/20/2004 | #8 | Letter from Attorney James Sultan re: status report. |
| 07/20/2004 | RE#8: Noted. The proceedings are further STAYED to 08/20/04. Status report to be filed on or before that date detailing steps taken to secure hearing date. All future filings with the court to include a certificate of service pursuant to MRAP 13(d). Notice. | |
| 08/23/2004 | #9 | Status report filed by Frank E. Garcia, Jr.. |
| 08/23/2004 | RE#9: Appellate proceedings STAYED to 09/20/04. Status report due 9/20/04. Notice. | |
| 09/20/2004 | #10 | Status Report filed by Frank E. Garcia, Jr.. |
| 09/21/2004 | RE#10: Appellate Proceedings STAYED to 10/22/04. Status report due 10/22/04 to indicate the evidentiary hearing has been held. Notice. | |
| 10/25/2004 | #11 | Status Report filed by Frank E. Garcia, Jr.. |
| 10/25/2004 | RE#11: Case STAYED to 11/30/2004. Status report due that date to indicate the post hearing memorandum have been filed and any action on the pending motion for new trial. *Notice. | |
| 11/29/2004 | #12 | Status Report filed by Frank E. Garcia, Jr.. |
| 11/30/2004 | RE#12: Noted. The appellate proceedings are further STAYED to 12/30/04. A status report is due that date accompanied by counsel's affidavit detailing the administrative steps taken -- particularly as of the 11/22 filing of post-hearing memoranda -- to facilitate the trial court's disposition of the pending motion. Notice/Attest/Brooks, J. | |
| 12/29/2004 | #13 | Status report filed by Frank E. Garcia, Jr. |
| 01/04/2005 | RE#13: Status report due from the Commonwealth on or before 1/18/05 as whether it intends to appeal the allowance of the new trial motion. Appellate proceedings stayed to 1/18/05. *Notice. | |
| 02/01/2005 | Notice preceding dismissal: Rule 17A. | |
| 02/02/2005 | #14 | Status report filed by Commonwealth. |
| 02/02/2005 | RE#14: Appellate proceedings STAYED to 03/02/05. Status report due 03/02/05 from the Commonwealth as to the status of the assembly of its appeal from the allowance of the motion for a new trial. Notice. | |
| 02/18/2005 | #15 | Status report filed by Commonwealth. |
| 02/18/2005 | RE#15: Appellate proceedings STAYED to 03/17/05. Status report due 03/17/05 as to the status of the transcript from the Commonwealth. Notice |
| Name | Christopher P. Hodgens |
| Address | Office of the District Attorney/Worcester Chief, Appeals Unit 2 Main Street, Room 220 Worcester, MA 01608 |
| Phone | 508-757-2786 |
| Fax | 508-757-8510 |