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

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

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.

DOCKET ENTRIES

Entry Date

Paper

Entry Text

01/07/2004

Transcripts received: vols: 5; sets: 2 in Clerk's envelope.

01/07/2004

Entered.

02/13/2004

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

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

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

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

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

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

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

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.

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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

APPEALS COURT Panel Cases Case Docket
COMMONWEALTH vs. FRANK E. GARCIA, JR. 2004-P-0012