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Photo of Massachusetts Appeals Court

Court

Massachusetts Appeals Court

Massachusetts

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Case Information

Filed 2024-05-23
Status Blue brief filed
Type Criminal
Docket 23 entries
Photo of Hon. Daniel J Hourihan J

Judge

Hon. Daniel J Hourihan J

Massachusetts Appellate Court

Massachusetts

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Docket Entries

  1. Transcript Volume: 03/06/2023 - Trial Day 1 .
  2. Transcript Volume: 03/07/2023 - Trial Day 2 .
  3. Lower Court Assembly of the Record Package
  4. Notice of entry sent.
  5. Docketing Statement filed for Richanette M. Cotto by Attorney Karl R. Suchecki.
  6. Motion of Appellant to extend date for filing brief and appendix filed for Richanette M. Cotto by Attorney Karl R. Suchecki.
  7. RE#4: Allowed to 09/26/2023. Notice sent.
  8. MOTION of Appellant to stay appellate proceedings filed for Richanette M. Cotto by Attorney Karl R. Suchecki.
  9. RE#5: Appellate proceedings stayed pending the completion of the 6/4/20 transcript. Status report due 10/27/23, or within 7 days of completion of the transcript, whichever occurs first. *Notice/Attest.
  10. Status Report filed for Richanette M. Cotto by Attorney Karl R. Suchecki.
  11. RE#6: Appellate proceedings stayed to 12/15/23. Status report due then regarding the status of the outstanding transcript, or within 7 days of completion of the transcript, whichever occurs first. *Notice
  12. Status Report filed for Richanette M. Cotto by Attorney Karl R. Suchecki.
  13. RE#7: Appellate proceedings stayed to 01/16/24. Status report due then concerning outstanding transcript. If the transcript is not yet completed, the status report is to include the expected date of completion. *Notice
  14. Status Report filed for Richanette M. Cotto by Attorney Karl R. Suchecki.
  15. RE#8: The stay of appellate proceedings is vacated. Appellant's brief and appendix is due on or before 2/20/24. *Notice
  16. ORDER: A review of the materials transmitted with the notice of assembly of the record indicates the defendant is appealing the disposition of this criminal case. The trial court docket sheets indicate the sentence was entered on March 7, 2023, and that the notice of appeal was filed on March 6, 2023. Consequently, it appears the notice of appeal may have been filed prematurely. See Mass. R. A. P. 4(b) ("In a criminal case, unless otherwise provided by statute or court rule, the notice of appeal required by Rule 3 shall be filed with the clerk of the lower court within 30 days after entry of the judgment, appealable order, or adjudication appealed from, or entry of a notice of appeal by the Commonwealth, or the imposition of sentence, whichever comes last."). Accordingly, on or before February 14, 2024, the appellant is requested to show cause, in writing, demonstrating whether the notice of appeal was timely or may move for leave to enlarge the time for filing the notice of appeal under Mass. R. A. P. 14(b), or deem the notice of appeal timely, or for other appropriate relief. *Notice.
  17. Motion to Deem Notice of Appeal Timely Filed, filed for Richanette M. Cotto by Attorney Karl R. Suchecki.
  18. RE#9: Allowed. The notice of appeal filed on 03/06/2023 is deemed timely filed. (Ditkoff, J.) *Notice/Attest.
  19. Appellant brief filed for Richanette M. Cotto by Attorney Karl R. Suchecki.
  20. Appendix filed for Richanette M. Cotto by Attorney Karl R. Suchecki.
  21. MOTION of Appellee to extend brief due date filed for Commonwealth by Attorney Henry Joseph Sousa.
  22. RE#12: Allowed to 05/24/2024. *Notice sent.
  23. MOTION of Appellee to extend brief due date filed for Commonwealth by Attorney Henry Joseph Sousa.

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