APPEALS COURT
Panel Cases
Case Docket

COMMONWEALTH vs. FRANK E. GARCIA, JR.
2004-P-0012


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