Court Case Record COMMONWEALTH vs. HENRY RODRIGUEZ 2010-P-1990


Court Case Number: 2010-P-1990

Case Number2010-P-1990
Case TypeCriminal
StateMassachusetts, MA
CountyFramingham District, MI
CourtFramingham District, MI
Court Address
Field Date04/21/2009
Close Date06/29/2012


James W. Sahakian, A.D.A. Kevin J. Curtin, EsquireCommonwealthPlaintiff/Appellee
Barbara Munro, EsquireHenry RodriguezDefendant/Appellant
Entry Date Paper Entry Text
11/12/2010 #1 Transcripts received: vols: 3; sets: 2 in Clerk's envelope.
11/12/2010 #2 Entered.
11/12/2010 #3 Notice of entry sent.
12/15/2010 #4 MOTION to extend brief & appendix due date, filed by Henry Rodriguez.
12/16/2010 #5 RE#2: Extension to 04/04/2011 granted for filing of brief of Henry Rodriguez, Defendant/Appellant. No further enlargement. *Notice to counsel.
03/31/2011 #6 SERVICE of brief & appendix for Defendant/Appellant Henry Rodriguez.
04/15/2011 #7 MOTION to extend brief due date of Commonwealth.
04/20/2011 #8 RE#4: Allowed to 08/05/2011. Notice to counsel.
08/02/2011 #9 SERVICE of brief for Plaintiff/Appellee Commonwealth.
08/18/2011 #10 SERVICE of reply brief for Defendant/Appellant Henry Rodriguez.
12/09/2011 #11 Notice of 01/11/2012, 9:30 AM argument at John Adams Courthouse, Courtroom 4 (a4) sent.
12/13/2011 Motion to allow law student to argue for the Commonwealth, filed by Commonwealth.*L
12/13/2011 RE#8: Allowed. *Notice.
01/11/2012 Oral argument held. (Grasso, J., Fecteau, J., Sullivan, J.).
01/12/2012 ORDER: One issue in this appeal is whether the police engaged in a permissible routine inquiry or in an investigative stop of the defendant in violation of the Fourth Amendment to the United States Constitution and art. 14 of the Massachusetts Declaration of Rights. See Commonwealth v. Kitchings, 40 Mass. App. Ct. 591, 595 (1996); Commonwealth v. Depeiza, 449 Mass. 367 (2007). In denying the defendant's motion to suppress, the motion judge did not make the factual findings necessary to permit appellate review of whether the police stopped the defendant in the constitutional sense prior to arriving at the window of the defendant's vehicle and making inquiry. More particularly, the decision is devoid of factual findings concerning the relative positioning of the defendant's vehicle, the police cruisers, and any obstacles that might have blocked or prevented the defendant's vehicle from leaving had the defendant chosen to do so. While retaining jurisdiction, the panel remands this case for the motion judge to make the required written findings no later than January 30, 2012. The appeal is stayed in the interim. (Grasso, Fecteau & Sullivan, JJ.). *Notice/Attest/Stoddart, J.
03/01/2012 Copy of "Supplemental Findings Per Order of the Appeals Court" by Judge Douglas J. Stoddart, dated 2/29/12 received from Framingham District Court.@
05/10/2012 Decision: Rule 1:28 The judgment on the lesser included offense is vacated, the finding is set aside, and that count of the complaint shall be dismissed. The remaining judgments are affirmed. (Grasso, Fecteau, Sullivan, JJ.). *Notice.
05/31/2012 Copy of FAR application of Henry Rodriguez.
06/28/2012 FAR DENIED (on 06/27/2012).
06/29/2012 RESCRIPT to Trial Court.