Court Case Record COMMONWEALTH vs. CHRIS JOHANSEN 2011-P-0126


Court Case Number: 2011-P-0126

Case Number2011-P-0126
Case TypeCriminal
StateMassachusetts, MA
CourtMiddlesex Superior Court
Court Address
Field Date09/25/2008
Close Date03/02/2012


James W. Sahakian, A.D.A. Melissa Weisgold Johnsen, A.D.A.CommonwealthPlaintiff/Appellee
Dudley C. Goar, EsquireChris JohansenDefendant/Appellant
Entry Date Paper Entry Text
01/20/2011 #1 Transcripts received: vols: 1; sets: 2 in Clerk's envelope.
01/20/2011 #2 Entered.
01/20/2011 #3 Notice of entry sent.
03/14/2011 #4 MOTION to extend brief & appendix due date, filed by Chris Johansen.
03/14/2011 #5 RE#2: Extension to 04/29/2011 granted for filing of brief of Chris Johansen, Defendant/Appellant. Notice to counsel.
03/22/2011 #6 MOTION to Dismiss Appeal, filed by Commonwealth.
03/24/2011 #7 RE#3: Referred to the panel designated to decide this appeal. *Notice
03/30/2011 #8 OPPOSITION to #3 filed by Chris Johansen.
04/01/2011 #9 RE#4: Referred to the panel designated to decide this appeal. *Notice
04/27/2011 #10 MOTION to extend brief & appendix due date, filed by Chris Johansen.
04/27/2011 #11 RE#5: Denied without prejudice to refiling. The panel will render a decision on the motion to dismiss after briefing is complete and the case has been submitted to the panel. Notice.
05/06/2011 MOTION to extend brief & appendix due date, filed by Chris Johansen.
05/06/2011 RE#6: Allowed to 06/30/2011. No further enlargement should be anticipated. Notice to counsel.
07/05/2011 SERVICE of brief & appendix for Defendant/Appellant Chris Johansen.
07/22/2011 MOTION to extend brief due date of Commonwealth.
07/22/2011 RE#8: Allowed to 10/27/2011. Notice to counsel.
10/03/2011 SERVICE of brief for Plaintiff/Appellee Commonwealth.
01/13/2012 Notice of 02/10/2012, 9:30 AM argument at John Adams Courthouse, Courtroom 3 (a3) sent.
02/10/2012 Oral argument held. (Mills, J., Meade, J., Rubin, J.).
03/02/2012 ORDER OF DISMISSAL: The defendant appeals from an order that denied his motion to restore his driver's license. The Commonwealth has moved to dismiss the appeal. In light of Commonwealth v. Bauer, 455 Mass. 497 (2009), we dismiss the appeal. The defendant's driver's license was revoked in accordance with G. L. c. 90, § 24(1)(f)(1), after he refused to take a breathalyzer test.(1) The defendant moved to restore his driver's license. After a hearing, a Superior Court judge denied the motion. In accordance with Commonwealth v. Bauer, supra at 500 n.5, which was decided prior to the judge's order,(2) if the defendant wished to challenge that order, he should have sought review by filing a certiorari action in the Supreme Judicial Court for the county of Suffolk. Instead, he filed a direct appeal in this court. We therefore dismiss the appeal, as this is not the proper avenue for the defendant to pursue his claim. Appeal dismissed. (Mills, Meade & Rubin, JJ.) *Notice/Attest. footnotes: (1) The defendant's license was revoked for life as he had previously been convicted of three or more operating while under the influence of alcohol offenses. See G. L. c. 90, § 24(1)(f)(1). (2) In her order denying the motion to restore, the judge cited Bauer several times.