Court Case Record COMMONWEALTH vs. JOSE L. SOTO AROCHO 2014-P-0954


Court Case Number: 2014-P-0954

Case Number2014-P-0954
Case TypeCriminal
StateMassachusetts, MA
CountyHampden Juvenile
CourtHampden Juvenile Court
Court Address
Field Date04/10/2013
Close Date06/29/2015


Jane Davidson Montori, A.D.A. Cynthia Cullen Payne, A.D.A.CommonwealthPlaintiff/Appellee
Craig R. Bartolomei, EsquireJose L. Soto ArochoDefendant/Appellant
Entry Date Paper Entry Text
06/18/2014 #1 Transcripts received: volumes: 1; sets: 2 (paper). 2/7/2014 = Trial
06/18/2014 #2 Entered.
06/18/2014 #3 Notice of entry sent.
06/26/2014 #4 Docketing Statement received from Jose L. Soto Arocho^
06/26/2014 #5 Memo: Pursuant to M.G.L. c. 119 section 65, the matter is close to the public (per docketing statement).
07/28/2014 #6 MOTION to extend brief & appendix due date, filed by Jose L. Soto Arocho.
07/29/2014 #7 RE#4: Allowed to 09/12/2014. Notice sent.
09/08/2014 #8 SERVICE of brief & appendix for Defendant/Appellant Jose L. Soto Arocho.
10/09/2014 #9 SERVICE of brief for Plaintiff/Appellee Commonwealth.
10/29/2014 #10 SERVICE of reply brief for Defendant/Appellant Jose L. Soto Arocho.
02/20/2015 #11 Under consideration by Panel. (Vuono, J., Milkey, J., Blake, J.).
04/09/2015 #12 ORDER: A question has arisen regarding whether the docket and filings in Commonwealth v. Soto-Arocho, 14-P-0954, should have a "public" and not "impounded" status. On June 18, 2014, the Hampden division of the Juvenile Court transmitted a notice of assembly that stated that neither the case nor any information in the record is impounded. See S.J.C. Rule 1:15, § 2(a). The appellant subsequently filed a docketing statement in the Appeals Court on that stated the case is impounded pursuant to G. L. c. 119, s 65. Consequently, the Appeals Court changed the docket's status from public to impounded. Upon review, however, it appears that the case should not be impounded because it is involves an adult, the Juvenile Court does not categorize the case as impounded, and G.L. c. 119, s 65 might be inapposite. The Appeals Court has confirmed with the Juvenile Court that it currently designates the case as public. Consequently, it appears that the impounded designation for the appeal in 14-P-0954 should be removed, and the case be placed on the public docket. Each party is granted until April 16, 2015, to serve and file a letter in response to this order that states any objection to the removal of the impounded designation, and the legal grounds for such objection. In addition, the letters should identify what, if any, information is contained in the parties' briefs and record appendix that the parties must redact if the case is redesignated as public. See G. L. c. 265, § 24C; Mass.R.A.P. 16 (d), 16(m), and 18 (g). .*Notice/Attest.
04/14/2015 Letter from Attorney Craig R. Bartolomei re: Opposition to Court's Order dated April 9, 2015
04/21/2015 Letter from Cynthia Cullen Payne re: No objection to court's decision. (Paper Filing)
04/22/2015 RE#9: The within document is to be filed forthwith by emailing a PDF including any attachments and certificate of service to *Notice.
04/23/2015 PDF of paper #9, letter from Cynthia Cullen Payne re: No objection to court's decision received.
04/24/2015 Paper#9 forwarded to panel.
04/27/2015 ORDER: On April 9, 2015, the court requested the parties submit letters addressing whether the docket and filings in Commonwealth v. Soto-Arocho, 14-P-0954, should have a "public" and not "impounded" designation. After review of each party's' letter, the relevant statutes, as well as verification with the Juvenile Court that its records for this case are public, it is hereby ordered that the case status in 14-P-0954 be changed to "public." The defendant's letter (paper # 10) objected to the designation being changed to "public" and, should the court change the designation, requested leave to file substituted briefs, reply brief, and appendix, containing pseudonyms for the names of juveniles. The Commonwealth's letter (paper # 9) noted that the addendum to its brief contained the trial judge's memorandum of decision, which included the full names of juveniles. The Commonwealth submitted a redacted copy of the memorandum of decision. The parties are granted until May 6, 2015, to file redacted briefs, addenda, and appendices that the court can make available for public inspection. See Mass.R.A.P. 16 (d), 16(m), and 18 (g). (Vuono, Milkey & Blake, JJ.). *Notice.
04/28/2015 Decision: Rule 1:28 Judgments affirmed. (Vuono, Milkey, Blake, JJ.). *Notice.
05/04/2015 SERVICE of revised brief (3 copies) for Plaintiff/Appellee Commonwealth (per order dated 4/27/15).
05/01/2015 SERVICE of substitute blue brief and reply brief for Defendant/Appellant Jose L. Soto Arocho.
05/18/2015 Copy of FAR application of Jose L. Soto Arocho.