Court Case Record COMMONWEALTH vs. DAVID CHERRY 2012-J-0275


Court Case Number: 2012-J-0275

Case Number2012-J-0275
Case TypeCriminal
StateMassachusetts, MA
CourtSuffolk Superior Court
Court Address
Field Date07/27/2012
Close Date08/16/2012


John P. Zanini, Assistant District AttorneyCommonwealthPlaintiff/Respondent
Edward W. Wayland, EsquireDavid CherryDefendant/Petitioner
Entry Date Paper Entry Text
07/27/2012 #1 Motion to waive entry fee, filed by David Cherry. ^
07/27/2012 #2 Appeal entered pursuant to M.G.L.c. 261, § 27(D) with attachments. ^
07/27/2012 #3 RE#1: Allowed. *Notice
07/27/2012 #4 Motion to enlarge deadline for filing notice of appeal, filed by David Cherry. ^
07/27/2012 #5 Copy of cover letter of appeal sent to SJC and date stamped 7/16/12, received from Edward W. Wayland, Esq. ^
07/27/2012 #6 RE#3: The appeal is deemed timely filed as of the date it was received by the SJC on July 16, 2012. (Carhart, J.). *Notice.
07/30/2012 #7 RE#2: Appellant's notice of appeal from the denial of his motion for funds pursuant to G.L. c. 261, § 27D, deemed filed as of the date it was received by the SJC, is hereby transmitted to the trial court pursuant to MRAP 4(a), where the matter is to be assembled pursuant to the procedure set forth in G.L. c. 261, § 27D. Appellate proceedings in 12-J-275 are closed. After this court receives the trial court's notice of assembly pursuant to G. L. c. 261, § 27D, a new appeal will be entered pursuant to that statute. (Carhart, J.). *Notice/Attest
07/31/2012 Notice of appearance of Anne M. Thomas for Suffolk Superior Court.
07/31/2012 Motion to reconsider paper #3, filed by Suffolk Superior Court.
08/02/2012 RE#6: The court's 7/27/12 docket entry as paper #2, and the orders of 7/27/12 on paper #3, and 7/30/12 on paper #2 are hereby VACATED as having been entered in error. The Legislature has enacted and specified the proper route for appellate review of orders denying a request for waiver, substitution or payment by the commonwealth of fees and costs. See G. L. c. 261, § 27D. Without deciding the timeliness of petitioner's appeal, to the extent petitioner seeks to enlarge the time for filing a notice of appeal pursuant to G. L. c. 261, § 27D, the petition is denied as the single justice is without authority to grant the relief requested. See Commonwealth v. Clark, 67 Mass. App. Ct. 832, 833 ("An explicit statutory appeal period cannot be extended in the court's discretion, nor even by contrary rule of court"). Accordingly, to the extent petitioner seeks to appeal from the denial of his motion for additional funds or from the denial of his motion for reconsideration related thereto, he is directed to the requirements of G. L. c. 261, § 27D (Carhart, J.). Notice/attest/Locke, J.
08/13/2012 Motion to reconsider August 2, 2012 order and deem notice of appeal timely filed pursuant to G.L.c. 261, sec. 27D, filed by David Cherry.
08/16/2012 RE#7: Denied without prejudice to renewal by appellant, if he chooses, upon submission of a transcript of the hearing at which the trial judge referred to the appellate process for this matter (Carhart, J.). Notice/attest/Locke, J.