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Court Case Record COMMONWEALTH vs. ALBERTO CORREA-MARTINEZ & another 2012-P-1596 UID(8c12)


COMMONWEALTH vs. ALBERTO CORREA-MARTINEZ & another Court Case Record

Court Case Number: 2012-P-1596


 
Case Number2012-P-1596
Case TitleCOMMONWEALTH vs. ALBERTO CORREA-MARTINEZ & another
Case TypeCriminal
StateMassachusetts, MA
CountyHampden
CourtHampden Superior Court
Court Address
Phone
Field Date10/05/2011
Close Date02/28/2013

Parties

CounselNameType
Jane Davidson Montori, A.D.A.CommonwealthPlaintiff/Appellant
Marissa Elkins, EsquireAlberto Correa-MartinezDefendant/Appellee
Vincent A. Bongiorni, EsquireLeonard NaylorDefendant/Appellee
DOCKET ENTRIES
Entry Date Paper Entry Text
10/05/2012 #1 Transcripts received: 1 vol on 1 CD ^ in Clerk's envelope.
10/05/2012 #2 Entered.
10/05/2012 #3 Notice of entry sent.
10/31/2012 #4 Letter of C.P.C.S. re assignment of Marissa Elkins, Esquire as counsel for Alberto Correa-Martinez.
12/04/2012 #5 Notice preceding dismissal: Standing Order Governing Dismissals for Lack of Prosecution.
12/05/2012 #6 MOTION to Dismiss Appeal, filed by Commonwealth.
12/06/2012 #7 Status Report, filed by Commonwealth.
12/07/2012 #8 MOTION to Dismiss Rule 29(b), filed by Commonwealth.
12/31/2012 RE#4: Allowed. Defendant's appointed counsel has reported to the clerk of this court that she does not seek any award of costs or fees. The appeal, as to defendant Correa-Martinez, is dismissed with prejudice and without an award of costs or fees to any party. (Sikora, J.). *Notice/Attest.
12/31/2012 RE#5:Appellate proceedings are stayed to 1/15/12 in accordance with the Court's action on P#6, and a status report shall be filed by the Commonwealth on that date,along with the papers described in P#6. *Notice.
12/31/2012 RE#6: Defendant Naylor's counsel reports that he seeks fees and costs (Attorney Bonsigniore). In the absence of an agreement by the Commonwealth or a submission of a specific request to the court, the motion remains premature. Therefore, no action will be taken on the motion. The parties shall submit an agreement or alternative papers (motion and response) by close of January 15, 2013. (Sikora, J.). *Notice.
01/09/2013 Motion to reconsider, filed by Leonard Naylor.
02/28/2013 ORDER: Upon Appellee Leonard Naylor's Motion for Reconsideration of the Single Justice's Order Holding in Abeyance the Commonwealth's Motion to Dismiss. Upon reconsideration and in the absence of opposition by the Commonwealth, I ALLOW the Commonwealth's motion to dismiss. GROUNDS Appellee Naylor's reasoning appears correct. In accordance with the process explained in Commonwealth v. Ennis, 441 Mass. 718, 721 & n.S (2004), dismissal will occur first in the Appeals Court and the application for reasonable attorney's fees under Mass.R.Crim.P. lS(d) will then proceed to a single justice the Supreme Judicial Court. Dismissal will therefore enter at this time. (Sikora, J.) *Notice/Attest.