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Court Case Record COMMONWEALTH vs. BRETT FOLLETT 2010-P-1861 UID(7df6)


COMMONWEALTH vs. BRETT FOLLETT Court Case Record

Court Case Number: 2010-P-1861


 
Case Number2010-P-1861
Case TitleCOMMONWEALTH vs. BRETT FOLLETT
Case TypeCriminal
StateMassachusetts, MA
CountyPlymouth Superior (Brockton)
CourtPlymouth Superior (Brockton)
Court Address
Phone
Field Date02/23/2007
Close Date05/09/2012

Parties

CounselNameType
Robert C. Thompson, A.D.A. Suzanne D. McDonough, A.D.A.CommonwealthPlaintiff/Appellee
Alan Jay Black, EsquireBrett FollettDefendant/Appellant
DOCKET ENTRIES
Entry Date Paper Entry Text
10/22/2010 #1 Transcripts received: vols: 6; sets: 2 in Clerk's envelope.
10/22/2010 #2 Entered.
10/22/2010 #3 Notice of entry sent.
11/30/2010 #4 MOTION to extend brief & appendix due date, filed by Brett Follett.
12/01/2010 #5 RE#2: Allowed to 01/17/2011 granted for filing of brief of Brett Follett, Defendant/Appellant. *Notice to counsel.
01/06/2011 #6 MOTION to extend brief & appendix due date, filed by Brett Follett.
01/07/2011 #7 RE#3: Extension to 02/25/2011 granted for filing of brief of Brett Follett, Defendant/Appellant. Notice to counsel.
02/25/2011 #8 MOTION to extend brief & appendix due date, filed by Brett Follett.
02/25/2011 #9 RE#4: Allowed to 03/08/2011. Notice to counsel.
03/09/2011 #10 SERVICE of brief for Defendant/Appellant Brett Follett.
03/14/2011 #11 MOTION for stay under MRAP 6(A), filed by Brett Follett.
03/24/2011 #12 MOTION to extend brief due date of Commonwealth.
03/24/2011 #13 Notice of appearance of Suzanne D. McDonough for Commonwealth.
03/24/2011 #14 RE#7: Allowed to 06/22/2011. Notice to counsel.
04/01/2011 #15 MOTION to enlarge time to file response to Defendant's motion to stay execution of sentence pending appeal, filed by Commonwealth.
04/05/2011 #16 RE#9 The Commonwealth's opposition shall be filed on or before 04/19/11 (Cohen, J.). Notice.
04/19/2011 OPPOSITION to #6 filed by Commonwealth.
04/21/2011 ORDER: "Before me is the defendant's motion to stay further execution of his sentence pending appeal. After review of the defendant's motion, the Commonwealth's opposition, and the defendant's appellate brief, I conclude that the defendant has not presented any issue offering "some reasonable possibility of a successful decision in the appeal." Commonwealth v. Hodge, 380 Mass. 851, 855 (1980). Even if the defendant may be said to have raised colorable claims of error (e.g., violations of the first complaint rule), he has not demonstrated why any such error would be prejudicial and, hence, entitle him to appellate relief. The defendant was charged with two counts of forcible rape of a child under the age of sixteen, but was convicted only of one count of the lesser included offense of statutory rape. At trial, there was no dispute as to the age of the victim or the fact of sexual intercourse. Thus, under well-settled law, the defendant has no meritorious defense to the conviction from which he appeals. The defendant's motion to stay further execution of his sentence pending appeal is, accordingly, denied." (Cohen, J.) *Notice/Attest/Image
06/30/2011 MOTION to extend brief & appendix due date, filed by Brett Follett.
06/30/2011 RE#12: Allowed for filing this date. Notice to counsel.
06/30/2011 SERVICE of brief for Plaintiff/Appellee Commonwealth.
10/19/2011 Notice of 11/15/2011, 9:30 AM argument at John Adams Courthouse, Courtroom 4 sent.