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Court Case Record COMMONWEALTH vs. JESSE R. QUINERLY 2011-J-0522 UID(bdb1)


COMMONWEALTH vs. JESSE R. QUINERLY Court Case Record

Court Case Number: 2011-J-0522


 
Case Number2011-J-0522
Case TitleCOMMONWEALTH vs. JESSE R. QUINERLY
Case TypeCriminal
StateMassachusetts, MA
CountySuffolk
CourtSuffolk Superior Court
Court Address
Phone
Field Date12/12/2011
Close Date01/06/2012

Parties

CounselNameType
John P. Zanini, Assistant District AttorneyCommonwealthPlaintiff/Respondent
Greg T. Schubert, EsquireJesse R. QuinerlyDefendant/Petitioner
Martha Coakley, Attorney GeneralSuffolk Superior CourtOther/respondent
Martha Coakley, Attorney GeneralSandra L. Hamlin, JudgeOther/respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
12/12/2011 #1 Motion to waive entry fee, filed by Jesse R. Quinerly, is allowed.
12/12/2011 #2 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Jesse R. Quinerly.
12/15/2011 #3 DISMISSAL OF PETITION: The petitioner seeks interlocutory review pursuant to G. L. c. 231, § 118 (first par.) of an order denying his petition for Habeas Corpus Relief. The order was docketed in the Suffolk Superior Court Criminal Division (No. 1991-94963) on November 1, 2011. The petition was docketed on December 12, 2011. Massachusetts General Laws chapter 231, § 118 ( first par.) provides for review of certain interlocutory trial court orders upon filing of a petition within 30 days of the date of entry of the order. The statute applies to civil cases only. See McMenimen v. Passatempo, 452 Mass. 178, 191 (2008). The order from which petitioner seeks review is not properly before me as it is neither civil nor interlocutory. Even if it were, the petition is untimely as it has been filed beyond the 30-day time limit set by the statute. See G.D.Matthews & Sons v. MSN Corp., 54 Mass. App. Ct. 18, 24-26 (2002). Accordingly, the petition is dismissed. The petitioner's remedy is to file a notice of appeal in the trial court. See Engleheart v. Commissioner of Correction, 452 Mass. 1007 (2009). (Mills, J.) *Notice/Attest.
12/29/2011 #4 Notice of appeal, filed by Jesse R. Quinerly.
01/06/2012 RE#4: The within is treated as petitioner's motion to file a late notice of appeal from the trial court's memorandum of decision on his motion for habeas corpus relief, entered on 11/1/11, and is allowed. The notice of appeal is to be filed in the trial court on or before 1/20/12. (Grainger, J.). *Notice/Attest.