Court Case Record COMMONWEALTH vs. FRANKLIN HERNANDEZ 2012-P-0801 UID(37dc)


Court Case Number: 2012-P-0801

Case Number2012-P-0801
Case TypeCriminal
StateMassachusetts, MA
CountyBoston Municipal, Roxbury Div.
CourtBoston Municipal, Roxbury Div.
Court Address
Field Date04/19/2005
Close Date12/22/2014


John P. Zanini, A.D.A. Joseph M. Ditkoff, A.D.A. WithdrawnCommonwealthPlaintiff/Appellant
Krista M. Larsen, Esquire Withdrawn Donald S. Bronstein, CPCS assignment supervisor Inactive Alexandra H. Deal, EsquireFranklin HernandezDefendant/Appellee
Entry Date Paper Entry Text
05/14/2012 #1 Transcripts received: 3 sets, 1 vol paper (5/24/11) in Clerk's envelope.
05/14/2012 #2 Entered.
05/14/2012 #3 Notice of entry sent.
05/16/2012 #4 Docketing Statement received from Commonwealth.^
05/16/2012 #5 Notice of appearance of Joseph M. Ditkoff for Commonwealth.
06/07/2012 #6 SERVICE of brief & appendix for Plaintiff/Appellant Commonwealth.
06/13/2012 #7 Notice of appearance of Krista M. Larsen for Franklin Hernandez.
06/13/2012 #8 MOTION to extend brief due date of Franklin Hernandez.
06/14/2012 #9 RE#7: Extension to 08/24/2012 granted for filing of brief of Franklin Hernandez, Defendant/Appellee. Notice to counsel.
09/07/2012 #10 MOTION to extend brief due date or in the alternative, stay the appeal, filed by Franklin Hernandez.
09/07/2012 #11 RE#8: Treated as a motion to stay appellate proceedings and allowed. Proceedings stayed to 10/9/12. Status report to be filed on or before that date regarding counsel's efforts to locate defendant. *Notice.
11/23/2012 #12 Status Report and request to accept late, filed by Franklin Hernandez.
11/26/2012 #13 RE#9: Appellate proceedings stayed to 1/4/13. Status report due on or before that date regarding counsel's continuing efforts to locate defendant. *Notice.
01/07/2013 #14 Status Report and motion to extend time to file brief, filed by Franklin Hernandez.
01/08/2013 #15 RE#10: Based on counsel's assertion of CPCS's position on the filing of a brief in the defendant's absence, the stay of appellate proceedings is vacated, and the appellee's brief shall be filed on or before 3/8/13. *Notice.
05/20/2013 #16 RE#10: REVISED ACTION: Appellee's brief was due, at his counsel's request, on 3/8/13. As of this date, appellee has not filed a brief. Accordingly, the case will be set to ready status with the appeal to be considered by a panel in due course. *Notice.
03/17/2014 #17 Notice of change of counsel of Joseph M. Ditkoff, A.D.A. with John P. Zanini, A.D.A.
03/17/2014 #18 Motion for decision, filed by Commonwealth.
03/20/2014 #19 RE#12: The defendant is to forthwith file an affidavit indicating either that he does not intend to file a brief or a good faith estimate of when the brief will be filed. The affidavit shall be filed on or before 3/27/14, and this matter will be assigned to a panel in June 2014. The defendant's brief was due more than one year ago, and he has not filed anything. *Notice.
03/28/2014 #20 Affidavit of counsel, filed by Franklin Hernandez.
04/10/2014 #21 Notice sent seeking information on unavailability for oral argument in June 2014
04/11/2014 #22 RE#13: As counsel's affidavit indicates that defendant will not be filing a brief, and has deliberately opted no to do so, this appeal is ready for consideration by a panel. See Commonwealth v. Goewey, 452 Mass. 399, 405 & n.5 (2008). *Notice.