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Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-07-05
Status Open
Type Probation Transfer|Manslaughter While Oui C 265 §13½
Docket 97 entries

Parties

Defendant Pressley, Jay S

Lawyers

Docket Entries

  1. Indictment(s) returned
  2. Habeas Corpus for defendant issued to Franklin County House of Correction returnable for 06/22/2018 02:00 PM Arraignment.
  3. Event Result:: Arraignment scheduled on: 06/22/2018 02:00 PM Has been: Held as Scheduled Hon. Daniel Ford, Presiding Appeared: Staff:
  4. Defendant arraigned before Court. Judge: Ford, Hon. Daniel
  5. Colloquy - Defendant advised of right to attorney Judge: Ford, Hon. Daniel
  6. Affidavit of indigency filed; APPROVED, counsel appointed. Judge: Ford, Hon. Daniel
  7. Defendant waives reading of indictment Judge: Ford, Hon. Daniel
  8. Plea of not guilty entered on all charges. Judge: Ford, Hon. Daniel
  9. Bail set at $200,000.00 Surety, $20,000.00 Cash. without prejudice Judge: Ford, Hon. Daniel
  10. Bail warnings read Judge: Ford, Hon. Daniel
  11. Attorney appearance On this date Timothy J Flynn, Esq. added as Appointed - Indigent Defendant for Defendant Jay S Pressley Appointment made for the purpose of Case in Chief by Judge Hon. Daniel Ford.
  12. Habeas Corpus for defendant issued to Franklin County House of Correction returnable for 09/21/2018 02:00 PM Pre-Trial Hearing.
  13. Event Result:: Pre-Trial Hearing scheduled on: 09/21/2018 02:00 PM Has been: Held as Scheduled Hon. Karen Goodwin, Presiding Appeared: Staff:
  14. Pre-trial conference report filed
  15. Event Result:: Trial Assignment Conference scheduled on: 12/14/2018 02:30 PM Has been: Held as Scheduled Hon. Mark D Mason, Presiding Appeared: Staff:
  16. Event Result:: Final Pre-Trial Conference scheduled on: 12/21/2018 02:15 PM Has been: Not Held For the following reason: Joint request of parties Hon. John A Agostini, Presiding Appeared: Staff:
  17. Habeas Corpus for defendant issued to Franklin County House of Correction returnable for 01/03/2019 02:00 PM Plea Offer.
  18. Event Result:: Plea Offer scheduled on: 01/03/2019 02:00 PM Has been: Not Held For the following reason: Joint request of parties Hon. John A Agostini, Presiding Appeared: Staff:
  19. Habeas Corpus for defendant issued to Franklin County House of Correction returnable for 01/29/2019 02:00 PM Final Pre-Trial Conference.
  20. Defendant 's EX PARTE Motion for funds for Expert
  21. Endorsement on Motion for funds for Expert, (#9.0): ALLOWED Judge: Mason, Hon. Mark D
  22. The following form was generated: A Clerk's Notice was generated and sent to: Attorney: Timothy J Flynn, Esq.
  23. Event Result:: Trial Assignment Conference scheduled on: 01/18/2019 02:30 PM Has been: Held as Scheduled Hon. Mark D Mason, Presiding Appeared: Staff:
  24. Defendant 's Motion to Continue Final Pretrial Conference
  25. Endorsement on Motion to Continue Final Pretrial Conference, (#10.0): ALLOWED FPTC continued to 3/8/2019 2pm.
  26. Defendant 's Motion for Court Order to Allow Independent Examination of Evidence
  27. Event Result:: Final Pre-Trial Conference scheduled on: 01/29/2019 02:00 PM Has been: Not Held For the following reason: At Request of Defendant Hon. Mark D Mason, Presiding Appeared:All Parties Staff: Simanski, FTR The Court ALLOWED Defendant's motion regarding vehicles black box. The Court scheduled FPTC on 3/8/2019 2pm.
  28. Endorsement on Motion for Court Order to Allow Independent Examination of Evidence, (#11.0): ALLOWED By Agreement Judge: Mason, Hon. Mark D
  29. Habeas Corpus for defendant issued to Franklin County House of Correction returnable for 03/08/2019 02:00 PM Final Pre-Trial Conference.
  30. The following form was generated: A Clerk's Notice was generated and sent to: Attorney: Timothy J Flynn, Esq. Attorney: Andrew C Covington, Esq.
  31. Affidavit filed by Defendant Jay S Pressley in support of Motion to Produce Evidence
  32. Defendant 's Motion to Produce Evidence
  33. Event Result:: Final Pre-Trial Conference scheduled on: 03/08/2019 02:00 PM Has been: Rescheduled For the following reason: Not reached by Court Hon. Richard J Carey, Presiding Appeared: Staff:
  34. Habeas Corpus for defendant issued to Franklin County House of Correction returnable for 03/22/2019 02:00 PM Trial Assignment Conference.
  35. Habeas Corpus for defendant issued to Franklin County House of Correction returnable for 04/18/2019 02:00 PM Final Pre-Trial Conference.
  36. Event Result:: Final Pre-Trial Conference scheduled on: 04/18/2019 02:00 PM Has been: Not Held For the following reason: By Court prior to date Hon. John A Agostini, Presiding
  37. Habeas Corpus for defendant issued to Franklin County House of Correction returnable for 04/19/2019 02:00 PM Final Pre-Trial Conference.
  38. Event Result:: Final Pre-Trial Conference scheduled on: 04/19/2019 02:00 PM Has been: Held as Scheduled Comments: Defense counsel waived the defendant's presence for the day's hearing. The defense counsel then orally moved to continue the FPTC and to place the matter on the June 2019 Criminal Trial list. The Commonwealth did not object to the oral motion. The Clerk, with permission of the Court, ALLOWED the oral motion to continue the FPTC and placed the matter on the June 2019 Criminal Trial list, scheduling the matter for 05/17/2019 at 02:00 pm Hon. John A Agostini, Presiding
  39. Habeas Corpus for defendant issued to Franklin County House of Correction returnable for 05/17/2019 02:00 PM Final Pre-Trial Conference.
  40. Event Result:: Trial Assignment Conference scheduled on: 05/17/2019 02:00 PM Has been: Held as Scheduled Hon. Karen Goodwin, Presiding (Simanski, FTR)
  41. Event Result:: Final Pre-Trial Conference scheduled on: 05/17/2019 02:00 PM Has been: Held as Scheduled Hon. Karen Goodwin, Presiding (Simanski, FTR)
  42. Defendant 's Motion to Continue from May Trial List
  43. Endorsement on Motion to Continue from May Trial List, (#19.0): ALLOWED Status Conference June 28, 2019 at 2pm Judge: Goodwin, Hon. Karen
  44. Affidavit filed by Defendant Jay S Pressley in support of Ex Parte Motion for Further Funds for Expert Witness
  45. Defendant 's Memorandum of Law in Support of Defendant's Ex Parte Motion for Further Funs for Expert Witness
  46. Defendant 's EX PARTE Motion for Further Funds for Expert Witness
  47. Endorsement on Motion for Further Funds for Expert Witness (EXPARTE), (#22.0): ALLOWED
  48. The following form was generated: A Clerk's Notice was generated and sent to: Attorney: Timothy J Flynn, Esq. Attorney: Andrew C Covington, Esq.
  49. The following form was generated: A Clerk's Notice was generated and sent to: Attorney: Timothy J Flynn, Esq.
  50. Probation 6 month Reassessment indigency report filed; Individual is indigent
  51. Event Result:: Conference to Review Status scheduled on: 06/28/2019 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Karen Goodwin, Presiding
  52. General correspondence regarding Letter RE: Request for Release of Information for Patient from UMASS Memorial Medical Center
  53. Habeas Corpus for defendant issued to Franklin County House of Correction returnable for 07/26/2019 02:00 PM Conference to Review Status.
  54. Event Result:: Conference to Review Status scheduled on: 07/26/2019 02:00 PM Has been: Held as Scheduled Comments: The parties requested the matter be continued to 8/23/19 at 2:00pm for the September 2019 Criminal Trial List. The Court Allowed the request. Hon. Douglas H Wilkins, Presiding
  55. Defendant 's Motion to Continue Court Date
  56. Endorsement on Motion to Continue Court Date, (#25.0): ALLOWED Judge: Flannery, Hon. Francis E
  57. The following form was generated: A Clerk's Notice was generated and sent to: Attorney: Timothy J Flynn, Esq. Attorney: Andrew C Covington, Esq.
  58. Event Result:: Conference to Review Status scheduled on: 08/23/2019 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Francis E Flannery, Presiding
  59. Event Result:: Trial Assignment Conference scheduled on: 08/23/2019 02:00 PM Has been: Held as Scheduled Hon. Richard J Carey, Presiding
  60. Habeas Corpus for defendant issued to Franklin County House of Correction returnable for 09/03/2019 09:00 AM Hearing for Change of Plea.
  61. General correspondence regarding Recorder Request to Photograph Hearing on 9/3/19. ALLOWED, Judge Carey
  62. Event Result:: Hearing for Change of Plea scheduled on: 09/03/2019 09:00 AM Has been: Held as scheduled Hon. Richard J Carey, Presiding
  63. Commonwealth files Nolle Prosequi as to count(s): 1 MOTOR VEH HOMICIDE BY NEGLIGENT OP c90 §24G(b), 3 MANSLAUGHTER c265 §13, 4 OUI-LIQUOR OR .08% & SERIOUS INJURY c90 §24L(2) Count 4-Partial Nolle Prosequi
  64. Defendant waives rights. Judge: Carey, Hon. Richard J
  65. Plea colloquy given. Judge: Carey, Hon. Richard J
  66. Defendant warned pursuant to alien status, G.L. c. 278, § 29D. Judge: Carey, Hon. Richard J
  67. Offense Disposition:: Charge #1 MOTOR VEH HOMICIDE BY NEGLIGENT OP c90 §24G(b) On: 09/03/2019 Judge: Hon. Richard J Carey By: Hearing on Plea Offer/Change Nolle Prosequi Charge #2 MANSLAUGHTER WHILE OUI c265 §13½ On: 09/03/2019 Judge: Hon. Richard J Carey By: Hearing on Plea Offer/Change Guilty Plea Charge #3 MANSLAUGHTER c265 §13 On: 09/03/2019 Judge: Hon. Richard J Carey By: Hearing on Plea Offer/Change Nolle Prosequi Charge #4 OUI-LIQUOR OR .08% & SERIOUS INJURY & NEGLIGENT c90 §24L(1) On: 09/03/2019 Judge: Hon. Richard J Carey By: Hearing on Plea Offer/Change Guilty Plea
  68. Standard conditions of Probation apply with the following Special Conditions: Other Special Condition 1. consume no alcohol and shall be subject to random screens; 2. undergo substance abuse evaluation and follow recommended treatment; 3. lose his license for a period of 15 years; and 4. not drive a motor vehicle. 5. 90 AA meetings in 90 days and then 4 meetings per week during the rest of Judge: Carey, Hon. Richard J
  69. Defendant sentenced:: Revision Date: 09/03/2019 Judge: Hon. Richard J Carey Charge #: 2 MANSLAUGHTER WHILE OUI c265 §13½ State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 5 Years, 0 Months, 1 Days Committed to MCI - Cedar Junction (at Walpole) Credits 478 Days Further Orders of the Court: Recommendation of North Central Correction Institute at Gardner or FCHOC
  70. files sentence recommendation Judge: Carey, Hon. Richard J
  71. ORDER: of Probation Conditions Judge: Carey, Hon. Richard J
  72. Defendant sentenced:: Sentence Date: 09/03/2019 Judge: Hon. Richard J Carey Charge #: 4 OUI-LIQUOR OR .08% & SERIOUS INJURY & NEGLIGENT c90 §24L(1) Served Consecutively Charge # 2 Probation: Risk/Need Probation Duration: 2 Years, 0 Months, 0 Days
  73. Notice of appeal from sentence to MCI - Cedar Junction (at Walpole) filed by defendant
  74. Notification to the Appellate Division sent.
  75. Notification to the Appellate Division sent.
  76. Defendant 's Motion for Relief From Fines, Fees and Court Costs
  77. Endorsement on Motion for Relief From Fines, Fees and Court Costs, (#35.0): ALLOWED Judge: Carey, Hon. Richard J
  78. The following form was generated: A Clerk's Notice was generated and sent to: Attorney: Timothy J Flynn, Esq. Attorney: Andrew C Covington, Esq. Holding Institution: Franklin County House of Correction
  79. Appeal for review of sentence entered at the Appellate Division: Originating Court: Franklin County Receiving Court: Suffolk County Criminal Case Number: 1984AD409-FR ;
  80. Affidavit of Jay Pressley in Support of Motion to Vacate and Reimpose Sentence to Permit Timely Filing of Motion to Revise and Revoke Sentence
  81. Defendant 's Motion to Vacate and Reimpose Sentence to Permit Timely Filing of Motion to Revise and Revoke Sentence
  82. Opposition to Defendant's Motion to Revise or Revoke filed by Franklin County District Attorney
  83. Habeas Corpus for defendant issued to MCI - Concord returnable for 09/22/2020 02:00 PM Motion Hearing. Defendant to appear via video-hearing to be held via zoom
  84. Event Result:: Motion Hearing scheduled on: 09/22/2020 02:00 PM Has been: Held as Scheduled Comments: The parties appeared before the Court for the previously scheduled hearing on defendant's pro se motion to extend time. The Court learned that CPCS was in the process of finding and appointing counsel to the defendant. The Court continued the matter to 10/29/2020 at 02:00 pm for further hearing. (Carey, J., Simanski, FTR, FCCtRm 4, VC). Hon. Richard J Carey, Presiding
  85. Attorney appearance On this date Barry Auskern, Esq. added as Limited Appearance Counsel for Defendant Jay S Pressley
  86. Habeas Corpus for defendant issued to MCI - Concord returnable for 10/29/2020 02:30 PM Motion Hearing. Hearing to be held via Zoom. Defendant to appear via video https://www.zoomgov.com/j/1603390233
  87. General correspondence regarding Note from MCI Concord
  88. Event Result:: Motion Hearing scheduled on: 10/29/2020 02:30 PM Has been: Held as Scheduled Comments: The parties appeared before the Court for the previously scheduled CRS. The defendant did not appear due to quarantine. The Court continued the matter to 12/14/2020 at 02:00 pm. (Flannery, J., Simanski, FTR, FCCtRm 4, VC). Hon. Francis E Flannery, Presiding
  89. Habeas Corpus for defendant issued to MCI - Concord returnable for 12/14/2020 02:00 PM Conference to Review Status. Hearing to be held via zoom. Defendant to appear via video https://www.zoomgov.com/j/1615805430
  90. Defendant 's Joint Motion to Remove Case from the List for Monday, December 14, 2020
  91. Event Result:: Conference to Review Status scheduled on: 12/14/2020 02:00 PM Has been: Not Held For the following reason: Request of Defendant Comments: The parties did not appear before the Court for the previously scheduled CRS. The Court received a call on 12/11/2020 from Attorney Barry Auskerns at which time the defense counsel stated that the defendant would not be moving forward with his motion for revise and revoke. Further, the defense counsel stated that the Defendant would not appear for the CRS due to a medical issue. (Emond, Telephone). Hon. John A Agostini, Presiding
  92. Endorsement on Motion to Removed Case from the List for Monday, December 14, 2020, (#44.0): ALLOWED Judge: Agostini, Hon. John A
  93. Appeal Dismissed ORDERED: that the judgement imposing said sentence stand and that said appeal be and is hereby dismissed.
  94. Probation Transfer Notice Received Sending Court: Franklin Receiving Court: Worcester
  95. Probation Transfer Review Complete
  96. Probation transfer accepted. Originating Court: Franklin County Case Number: 1878CR00039 Receiving Court: Worcester County ;
  97. Probation transfer accepted.

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