Court Case Record COMMONWEALTH vs. CARLOS PINEDA 2012-P-0090


Court Case Number: 2012-P-0090

Case Number2012-P-0090
Case TypeCriminal
StateMassachusetts, MA
CourtSuffolk Superior Court
Court Address
Field Date07/01/2008
Close Date02/12/2013


John P. Zanini, A.D.A. Withdrawn Joseph M. Ditkoff, A.D.A.CommonwealthPlaintiff/Appellee
Thomas C. Foley, EsquireCarlos PinedaDefendant/Appellant
Entry Date Paper Entry Text
01/23/2012 #1 Transcripts received: 7 vols, 2 sets paper and 1/27/09 on CD in Clerk's envelope.
01/23/2012 #2 Entered.
01/23/2012 #3 Notice of entry sent.
03/05/2012 #4 Motion to accept late-filed notice of appeal, filed by Carlos Pineda.
03/05/2012 #5 SERVICE of brief & appendix for Defendant/Appellant Carlos Pineda.
03/06/2012 #6 Notice of change of counsel of John P. Zanini, A.D.A. with Joseph M. Ditkoff, A.D.A.
03/08/2012 #7 RE#3: Allowed. The notice of appeal, filed on 6/25/09, is deemed timely filed, nunc pro tunc to that date. See Commonwealth v. White, 429 Mass. 258, 263-264 (1999). The appeal shall proceed in its normal course. (Milkey, J.) *Notice.
03/14/2012 #8 MOTION for stay under MRAP 6(c) with attachment, filed by Carlos Pineda. ^
03/19/2012 #9 RE#6: Denied without prejudice to renewal in compliance with the Standing Order Governing Motions To Stay A Judgment Or Execution Of Sentence Filed Pursuant To Mass.R.A.P. 6, specifically regarding proper font [See MRAP 20(a)(2)], and maximum permitted page limit for the filing of the memorandum of law in support of the motion. In the alternative, a motion for leave to accept the submission as non-conforming may be filed. Notice
03/20/2012 #10 SERVICE of Moffett brief for Defendant/Appellant Carlos Pineda.
03/21/2012 #11 Docketing Statement received from Carlos Pineda. ^
03/23/2012 #12 MOTION for stay of execution of sentence pending appeal, filed by Carlos Pineda.^
03/27/2012 #13 ORDER: Following a jury trial in Superior Court, the defendant was convicted of trafficking in twenty-eight or more grams of cocaine and a related school zone violation. On appeal, he raises various arguments, including that his motion to suppress evidence found in his vehicle was erroneously denied. Before me is the defendant's motion to stay execution of his sentence pending appeal pursuant to Mass. R. App. P. 6(b).(1) Having reviewed the defendant's motion, and the papers submitted in support of it(including his appellant brief), I conclude that the defendant has not demonstrated a sufficient likelihood of success on the merits to justify his release pending appeal. See Commonwealth v. Allen, 378 Mass. 489, 498 (1979). The motion for a stay is therefore denied. (Milkey, J.). *Notice/Attest footnotes (1) The defendant previously filed such a motion in Superior Court, and the trial judge denied that motion, concluding that "the Court sees no substantial appellate issue."
04/06/2012 #14 MOTION to extend brief due date of Commonwealth.
04/06/2012 #15 RE#11: Extension to 05/23/2012 granted for filing of brief of Commonwealth, Plaintiff/Appellee. Notice to counsel.
05/23/2012 #16 MOTION to extend brief due date of Commonwealth.
05/24/2012 #17 RE#12: Extension to 06/06/2012 granted for filing of brief of Commonwealth, Plaintiff/Appellee. Notice to counsel.
06/05/2012 #18 SERVICE of brief for Plaintiff/Appellee Commonwealth.
06/11/2012 #19 Letter from Carlos Pineda re: request of docket sheet
06/12/2012 #20 Copy of docket sent to Carlos Pineda.
06/21/2012 Service of Moffett reply brief by Carlos Pineda.
09/11/2012 Notice sent seeking information on unavailability for oral argument in November 2012