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Photo of Massachusetts Appeals Court

Court

Massachusetts Appeals Court

Massachusetts

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Case Information

Filed 2024-05-29
Status Red & Blue briefs filed
Type Criminal
Docket 31 entries
Photo of Hon. Michael J. Callahan, J.

Judge

Hon. Michael J. Callahan, J.

Massachusetts Appellate Court

Massachusetts

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Docket Entries

  1. Transcript Volume: 03/04/2019 - Motion to dismiss .
  2. Transcript Volume: 04/08/2022 - Hearing .
  3. Transcript Volume: 04/11/2022 - Hearing .
  4. Transcript Volume: 04/12/2022 - Trial .
  5. Transcript Volume: 04/13/2022 - Hearing .
  6. Transcript Volume: 04/14/2022 - Sentencing .
  7. Lower Court Assembly of the Record Package
  8. Notice of entry sent.
  9. Docketing Statement filed for James W. Bennett by Attorney MarySita Miles.
  10. Motion of Appellant to extend date for filing brief and appendix filed for James W. Bennett by Attorney MarySita Miles.
  11. RE#4: Allowed to 04/03/2023. Notice sent.
  12. Motion of Appellant to extend date for filing brief and appendix filed for James W. Bennett by Attorney MarySita Miles.
  13. RE#5: Allowed to 05/05/2023. Notice sent.
  14. MOTION of Appellant to stay appellate proceedings filed for James W. Bennett by Attorney MarySita Miles.
  15. RE#6: It has come to the court's attention that the Commonwealth intends to file a Rule 27 motion for reconsideration or modification of decision in Commonwealth v. Guardado (SJC-13315). As issues related to Guardado appear to be implicated in this appeal, appellate proceedings are stayed pending the SJC's issuance of the rescript to the trial court in that matter or further order of this court. A status report is due within 7 days of the issuance of the rescript in Guardado. *Notice/Attest.
  16. ORDER: The SJC has issued two decisions in Commonwealth v. Guardado, SJC-13315, the first on 4/13/23 (Guardado I), the second on 10/26/23 after allowing the Commonwealth's motion for reconsideration (Guardado II). The parties are to file a joint status report, on or before 11/10/13, regarding how they request to proceed following the SJC's Guardado decisions. Should the parties disagree as to how to proceed, they are to provide an explanation as to their disagreement. Notice/attest
  17. Status Report filed for James W. Bennett by Attorney MarySita Miles.
  18. RE#7: The stay of appellate proceedings is vacated. Appellant's brief and record appendix are due on or before 12/18/23. *Notice
  19. Notice of appearance filed for Commonwealth by Attorney John Wendel.
  20. Motion of Appellant to extend date for filing brief and appendix filed for James W. Bennett by Attorney MarySita Miles.
  21. RE#9: Allowed to 01/05/2024. Notice sent.
  22. Motion of Appellant to extend date for filing brief and appendix filed for James W. Bennett by Attorney MarySita Miles.
  23. RE#10: Allowed to 01/12/2024. *Notice sent.
  24. Notice of rejection of brief/appendix of James W. Bennett as noncompliant for the reasons indicated on the checklist: 3 (Appendix lacking pagination). Accordingly, on or before 01/16/2024, you must correct the above-listed nonconformities and submit a conforming brief and/or appendix. *Notice sent.
  25. Appellant brief filed for James W. Bennett by Attorney MarySita Miles.
  26. Appendix filed for James W. Bennett by Attorney MarySita Miles.
  27. MOTION of Appellee to extend brief due date filed for Commonwealth by Attorney John Wendel.
  28. RE#13: Allowed to 04/26/2024. Notice sent.
  29. MOTION of Appellee to extend brief due date filed for Commonwealth by Attorney John Wendel.
  30. RE#14: Allowed to 05/31/2024. Notice sent.
  31. Appellee brief filed for Commonwealth by Attorney John Wendel.

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