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Court Case Record COMMONWEALTH vs. DANIEL RODRIGUEZ 2014-P-0695 UID(29ec)


COMMONWEALTH vs. DANIEL RODRIGUEZ Court Case Record

Court Case Number: 2014-P-0695


 
Case Number2014-P-0695
Case TitleCOMMONWEALTH vs. DANIEL RODRIGUEZ
Case TypeCriminal
StateMassachusetts, MA
CountyHampden
CourtHampden Superior Court
Court Address
Phone
Field Date05/22/2012
Close Date06/24/2014

Parties

CounselNameType
Jane Davidson Montori, A.D.A.CommonwealthPlaintiff/Appellee
Amanda Lovell, EsquireDaniel RodriguezDefendant/Appellant
DOCKET ENTRIES
Entry Date Paper Entry Text
05/02/2014 #1 Transcripts received: 4 Vols ^ 12/20/12, 2/1/13, 4/10/13, 4/12/13 in Clerk's envelope.
05/02/2014 #2 Entered.
05/02/2014 #3 Notice of entry sent.
05/13/2014 #4 Docketing Statement received from Daniel Rodriguez.^
06/06/2014 #5 Suggestion of death, filed by Daniel Rodriguez.
06/24/2014 ORDER: Counsel for the defendant, Daniel Rodriguez, having suggested that the defendant died while his appeal was pending, and the Commonwealth not having challenged that suggestion, and the defendant's counsel having moved to vacate the judgment and to dismiss the indictment in accordance with the customary practice of the courts of this Commonwealth under such circumstances, and the Commonwealth having neither opposed nor assented to that motion, we follow the instruction of the Supreme Judicial Court that "[w]hen a criminal defendant dies pending his appeal, normally the judgment should be vacated and the indictment dismissed," Commonwealth v. Eisen, 368 Mass. 813, 813 (1975), and allow the motion. We are unaware of any post-Eisen case pending here or in the Supreme Judicial Court in which a suggestion that the defendant had died during the pendency of the appeal failed to produce vacation of the judgment and dismissal of the indictment. Accordingly, the judgment of the Hampden Superior Court in case number HDCR2012-00519 is vacated. The case is remanded to the Hampden Superior Court, where that indictment shall be dismissed. (Kantrowitz, Sikora & Hanlon, JJ.). *Notice/Attest.