Court Case Record COMMONWEALTH V S.D.P. 2010-P-1106

COMMONWEALTH V S.D.P. Court Case Record

Court Case Number: 2010-P-1106

Case Number2010-P-1106
Case TypeCivil
StateMassachusetts, MA
CourtFranklin Superior Court
Court Address
Field Date03/31/2009
Close Date03/09/2012


Thomas H. Townsend, A.D.A. Steven Greenbaum, Esquire Judith Ellen Pietras, Esquire WithdrawnCommonwealthPlaintiff/Appellee
Harry L. Miles, EsquireS.D.P.Defendant/Appellant
Entry Date Paper Entry Text
06/23/2010 #2 Entered as impounded per superior court docket.
06/23/2010 #3 Notice of entry sent.
07/01/2010 #4 MOTION to extend brief & appendix due date, filed by Ricky Cox.
07/01/2010 #5 RE#3: Allowed to 10/21/10. Notice
10/19/2010 #6 MOTION to extend brief & appendix due date, filed by Ricky Cox.
10/19/2010 #7 RE#4: Allowed to 12/06/2010. Notice to counsel.
12/07/2010 #8 SERVICE of brief, 2 vols. appendix, and 4 vols transcript for Defendant/Appellant Ricky Cox.
12/15/2010 #9 Notice of appearance of Steven Greenbaum for Commonwealth.
12/15/2010 #10 MOTION to extend brief due date of Commonwealth.
12/16/2010 #11 RE#7: Allowed to 03/31/11. Notice
03/28/2011 #12 SERVICE of brief for Plaintiff/Appellee Commonwealth.
09/01/2011 #13 Notice of 10/06/2011, 9:30 AM argument at John Adams Courthouse, Courtroom 4 sent.
10/06/2011 Oral argument held. (Vuono, J., Brown, J., Smith, J.).
12/08/2011 ORDER: The Franklin Superior Court's docket designated this case as "not public information." Consequently, upon the entry of this appeal in the Appeals Court, the case was designated as fully impounded. See SJC Rule 1:15, § 2(b). Upon review, however, it appears that the case should not be impounded because it is the respondent's appeal from his civil commitment as a sexually dangerous person, per G. L. c. 123A, 14(d), and cases of this nature are not required to be impounded by the statute. Further, the Superior Court's docket contains no order of a judge impounding the case, see Trial Court Rule VIII, Rule 8, and the Superior Court's notice of assembly did not include a copy of any order of impoundment, see S.J.C. Rule 1:15, § 2(a). For these reasons, it appeared that the impounded designation for the appeal should be removed, and the case be placed on the public docket. Each party is granted until fifteen days from the entry date of this order to serve and file a letter in response to this order that states any objection to the removal of the impounded designation, and the legal grounds for such objection. In addition, the letters should identify what, if any, information is contained in the parties' briefs and record appendix that must be redacted or impounded. See G. L. c. 265, § 24C; Mass.R.A.P. 16 (d), as amended, 425 Mass 1601 (1997), 16(m), 425 Mass. 1601 (1997) and 18 (g), 425 Mass. 1602 (1997). (Vuono, Brown & Smith, JJ.) *Notice.
12/15/2011 Letter from Victoria L. Dant, Assistant to Harry L. Miles re: Victim's names and personal information was redacted from the brief, record appendix and transcripts at the time of filing on 12/8/11.
12/19/2011 RE#11: The within document is to be filed forthwith by emailing a PDF including any attachments and certificate of service to *Notice.
01/05/2012 ORDER: On December 8, 2011, this court entered an order that gave each party fifteen days within which to file a letter stating any objection to the removal of the impounded designation, the legal grounds for such objection, and to identify any information in the parties' briefs and record appendix that must be redacted or impounded, should the case's impoundment status be vacated. See G. L. c. 265, § 24C; Mass.R.A.P. 16(d), 16(m), 18(g). The Commonwealth did not file a letter in response to this order. The defendant filed a letter that did not state any objection to the removal of the impoundment designation and stated that all information that needed to be redacted had already been redacted from the briefs, record appendix, and transcript. After further review, it is ordered that the impoundment designation is hereby vacated in Appeals Court No. 10-P-1106. (Vuono, Brown & Smith, JJ.) *Notice.
01/12/2012 Decision: Rule 1:28 Judgment affirmed (Vuono, Brown, Smith, JJ.). *Notice.
01/31/2012 Copy of FAR application of S.D.P.
03/08/2012 FAR DENIED (on 03/05/2012).
03/09/2012 RESCRIPT to Trial Court.