Court Case Record COMMONWEALTH vs. JOSE FERNANDEZ 2013-P-0040


Court Case Number: 2013-P-0040

Case Number2013-P-0040
Case TypeCriminal
StateMassachusetts, MA
CourtBristol Superior Court
Court Address
Field Date11/24/2009
Close Date05/02/2014


David B. Mark, A.D.A.CommonwealthPlaintiff/Appellee
Frank D. Camera, Esquire Sharon L. Sullivan-Puccini, EsquireJose FernandezDefendant/Appellant
Entry Date Paper Entry Text
01/08/2013 #1 Transcripts received: NONE
01/08/2013 #2 Entered.
01/08/2013 #3 Notice of entry sent.
03/08/2013 #4 Notice preceding dismissal: Standing Order Governing Dismissals for Lack of Prosecution.
04/03/2013 #5 Notice of appearance of Sharon L. Sullivan-Puccini as screening counsel for Jose Fernandez.
04/03/2013 #6 MOTION to stay, filed by Jose Fernandez.
04/03/2013 #7 RE#4: Appellate proceedings stayed to 5/3/13. Status report due 5/3/13 from screening counsel updating the court on whether counsel has or will be appointed. *Notice.
04/16/2013 #8 Notice of appearance of Sharon L. Sullivan-Puccini for Jose Fernandez.
04/16/2013 #9 MOTION to stay appeal and for leave to file post conviction motion related to Hinton State Lab Issue, filed by Jose Fernandez.
04/16/2013 #10 Status Report, filed by Jose Fernandez.
04/16/2013 #11 RE#6: Appellate proceedings are further stayed to 5/16/13. The appellant is given leave to file, and the trial court consider, a motion to reconsider the denial of his motion to vacate his guilty plea or a motion for new trial. A status report shall be filed by the appellant on or before 5/16/13 regarding the filing of the motion for reconsideration or motion for new trial. *Notice.
04/16/2013 #12 RE#7: See action on paper #6. *Notice.
05/20/2013 #13 Status Report, filed by Jose Fernandez.
05/20/2013 #14 RE#8: Appellate proceedings STAYED to 07/20/2013. Status report due 07/20/2013 concerning disposition of trial court post-conviction motions. *Notice.
07/18/2013 #15 Status Report, filed by Jose Fernandez.
07/19/2013 #16 RE#9: Counsel has identified this case as involving an issue arising from the William H. Hinton State Laboratory Institute ("Hinton laboratory"). On May 30, 2013, the Supreme Judicial Court granted six applications for direct appellate review in cases involving issues arising from the Hinton laboratory. See Commonwealth vs. Adam Davila (SJC-11463); Commonwealth vs. Corey Bjork (SJC-11464); Commonwealth vs. Rakim Scott (SJC-11465); Commonwealth vs. Rene Torres (SJC-11466); Commonwealth vs. Reginald Gardner (SJC-11470); Commonwealth vs. Geordano Rodriguez (SJC-11462). The Supreme Judicial Court has ordered these cases to be heard in October 2013. In the interests of judicial economy, it is hereby ordered that appellate proceedings in the instant case are stayed until November 1, 2013. The appellant is to file a status report on that date. At any point during the pendency of this appeal either party may file an application for direct appellate review or a motion to vacate the stay for good cause shown. *Notice.
09/16/2013 #17 MOTION to consolidate 13-P-40 with 13-P-1369 & stay appeals (Hinton Drug Lab), filed by Jose Fernandez.
09/17/2013 #18 RE#10: Allowed. The appeals in cases 2013-P-40 and 2013-P-1369 are consolidated for briefing and decision. 2013-P-1369 is closed and all future filings shall refer only to 2013-P-40. Appellate proceedings remain stayed until 11-1-13 with a status report due then. *Notice/Attest.
11/01/2013 #19 Status Report, filed by Jose Fernandez.
11/04/2013 RE#11: Appellate proceedings STAYED to 01/03/2014. Status report due then as to the related matters pending in the SJC. Notice
01/06/2014 Status Report, filed by Jose Fernandez.
01/06/2014 RE#12: Appellate proceedings STAYED to 02/07/2014. Status report due then concerning SJC cases. Notice