Court Case Record COMMONWEALTH vs. JENA L. SMITH 2012-P-0006


Court Case Number: 2012-P-0006

Case Number2012-P-0006
Case TypeCriminal
StateMassachusetts, MA
CourtBerkshire Superior Court
Court Address
Field Date11/23/2009
Close Date12/23/2013


Joseph A. Pieropan, A.D.A. Karen L. Carlo, A.D.A. Inactive John Bosse, EsquireCommonwealthPlaintiff/Appellee
Ian Stone, EsquireJena L. SmithDefendant/Appellant
Entry Date Paper Entry Text
01/04/2012 #1 Transcripts received: vols: 3; sets: 2.
01/06/2012 #2 Transcripts received: volumes: 2; sets: 2 (paper).
01/04/2012 #3 Entered.
01/04/2012 #4 Notice of entry sent.
01/10/2012 #5 Motion to stay extend time for filing notice of appeal, filed by Jena L. Smith.
01/10/2012 #6 RE#3: Allowed. The notice of appeal docketed in the trial court on 08/01/11 (paper no. 41) is deemed timely, nunc pro tunc. (Mills, J.) *Notice/Attest.
01/17/2012 #7 Copy of DAR application of Jena L. Smith.
01/19/2012 #8 Docketing Statement received from Jena L. Smith.
02/15/2012 #9 SERVICE of brief for Defendant/Appellant Jena L. Smith.
02/28/2012 #10 MOTION to extend brief due date of Commonwealth.
02/29/2012 #11 RE#6: Extension to 05/25/2012 granted for filing of brief of Commonwealth, Plaintiff/Appellee. Notice to counsel.
03/08/2012 #12 DAR DENIED (on 03/05/2012).
03/21/2012 #13 MOTION to stay, filed by Jena L. Smith.
03/22/2012 #14 ORDER: Before me is the defendant's motion to stay execution of her sentence while her appeal is pending. I have preliminarily reviewed the defendant's motion and supporting papers (including her brief in the underlying appeal), and I have determined that I need to hear from the Commonwealth before deciding the defendant's motion. Although the Commonwealth presumptively has thirty days in which to respond to the motion, the applicable rule authorizes me to "shorten or extend" that time. Mass. R. App. P. 6(b)(2). In view of the nature of the issues in play, the current status of the appellate proceedings, and other relevant factors, I am sua sponte extending the date of the Commonwealth's response until May 25, 2012 (the date the Commonwealth's appellee brief is currently due after one extension). The Commonwealth is hereby notified that, regardless of whether it were to seek a further extension of the filing date for its appellee brief, no further extension will be allowed for the filing of its response to the motion for a stay (absent extraordinary unforseeable circumstances). So ordered. (Milkey, J.) *Notice.
05/11/2012 #15 Memorandum in opposition to paper #7, filed by Commonwealth.^
05/18/2012 #16 SERVICE of brief for Plaintiff/Appellee Commonwealth.
05/22/2012 #17 MEMORANDUM AND ORDER: Following a jury trial in Superior Court, the defendant was convicted of distribution of cocaine, G. L. c. 94C, § 32A(c), committing a drug violation in a school zone, G. L. c. 94C, § 32J, and conspiracy to distribute cocaine, G. L. c. 94C, § 40. The Commonwealth's proof of the school zone violation relied in part on the testimony of a land surveyor other than the one who generated the underlying data on which the measurement was calculated. On appeal, the defendant argues, inter alia, that this violated her rights under the Confrontation Clause. See Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527, 2538 (2009). Focusing on the merits of that argument, the defendant has filed a motion to stay execution of her sentence pending appeal pursuant to Mass. R. App. P. 6(b).(1) Having reviewed the defendant's motion and memorandum submitted in support of it, the Commonwealth's opposition, and the parties' respective appellate briefs, I conclude that the defendant has not demonstrated a sufficient likelihood of success on the merits to justify her release pending appeal. See Commonwealth v. Allen, 378 Mass. 489, 498 (1979). The motion for a stay is therefore denied (Milkey, J.). Notice/attest/Ford, J. footnotes (1) The defendant properly first submitted the motion to the trial judge, who denied it.
05/30/2012 #18 Notice of appeal, filed by Jena L. Smith.
06/01/2012 #19 Copy of paper #12 to counsel.
06/01/2012 #20 Notice of Assembly of the Record to counsel.
06/04/2012 #21 SERVICE of reply brief for Defendant/Appellant Jena L. Smith.
06/05/2012 #22 MOTION for an expedited ruling, filed by Jena L. Smith.