Court Case Record COMMONWEALTH vs. JOSE RIVERA 2013-P-0961


Court Case Number: 2013-P-0961

Case Number2013-P-0961
Case TypeCriminal
StateMassachusetts, MA
CountyBoston Municipal, S. Boston Div.
CourtBoston Municipal, S. Boston Div.
Court Address
Field Date11/18/2010
Close Date07/18/2014


John P. Zanini, A.D.A. Withdrawn Vincent J. DeMore, A.D.A.CommonwealthPlaintiff/Appellant
Lisa B. Medeiros, Esquire Withdrawn Rebecca Kiley, EsquireJose RiveraDefendant/Appellee
Entry Date Paper Entry Text
06/19/2013 #1 Transcripts received: 1 vol 3 sets paper 2/12/13 in Clerk's envelope.
06/19/2013 #2 Entered.
06/19/2013 #3 Notice of entry sent.
06/21/2013 #4 Docketing Statement received from Commonwealth.^
06/25/2013 #5 Notice of change of counsel of John P. Zanini, A.D.A. with Vincent J. DeMore, A.D.A.
06/28/2013 #6 Notice of appearance of Rebecca Kiley for Jose Rivera.
07/01/2013 #7 SERVICE of brief & appendix for Plaintiff/Appellant Commonwealth.
07/12/2013 #8 MOTION to withdraw as counsel for Jose Rivera, filed by Lisa B. Medeiros.
07/15/2013 #9 RE#7: Allowed. *Notice.
07/15/2013 #10 MOTION to stay appeal pending decisions in Hinton Drug Lab cases before the Supreme Judicial Court, filed by Jose Rivera.
07/17/2013 #11 RE#8: 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 to counsel.
12/09/2013 #12 RE#8 (Revised Action) Appellant's status report is overdue. On or before 12/16/13, Appellant is to file a status report as detailed in the court's action of 7/17/13 on paper #8. If a status report is not filed on or before that date, the stay will be vacated and the appeal will proceed. Notice
12/16/2013 #13 MOTION to stay, filed by Jose Rivera.
12/18/2013 #14 RE#9: Appellate proceedings STAYED to 02/18/2014. Status report due 02/18/2014 or within 7 days of the SJC's decisions in the Hinton Lab cases, whichever occurs first, to be filed by the Commonwealth and shall detail the status of the SJC cases. *Notice.
03/12/2014 #15 ORDER: Appellate proceedings are further stayed to 3/26/14. On or before 3/26/14, the Commonwealth and the defendant shall file a joint status report indicating how they intend to proceed on this appeal following the Supreme Judicial Court's recent decision in Commonwealth v. Scott, SJC-11465. In the event that the parties are unable to prepare a joint status report, individual status reports from the Commonwealth and from the defendant are due on or before 3/26/14. Relevant considerations should include whether further proceedings in the trial court are necessary or whether this appeal may proceed. In the event that a new motion for new trial or motion to withdraw a guilty plea will be filed, the parties shall state whether this appeal should be dismissed. *Notice.
03/26/2014 Joint motion to remand case to Boston Municipal Court for further proceedings, filed by Commonwealth & Jose Rivera.
03/27/2014 RE#11: Denied without prejudice to renewal subsequent to the stay of appellate proceedings being vacated. The Appellate proceedings are further stayed to 4/10/14 by when a joint status report shall be filed concerning the nature of the further proceedings necessary in the trial court, including whether leave of this Court is necessary and whether the parties anticipated course of action requires an order of remand from a panel of justices of this court or may be accomplished by staying the appeal and granting leave to pursue additional motion(s) in the trial court. *Notice.
04/08/2014 Joint Status Report and request for further stay of appeal, filed by Commonwealth & Jose Rivera.
04/11/2014 RE#12: Appellate proceedings stayed to 5/2/14 by when a status report is due as to whether a resolution of this matter has been reached between the parties or whether the Commonwealth has moved to reconsider the motion for new trial that was previously allowed. *Notice.
04/28/2014 JOINT MOTION to dismiss appeal without prejudice, filed by Commonwealth, Jose Rivera
04/30/2014 RE#13: Treating the within as a motion to stay appellate proceedings, the motion is allowed. The parties are given leave to seek a resolution of this matter in the trial court. Status report due on or before 6/9/14 as to any agreement reached between the parties. In the alternative, a stipulation of dimissal may be filed at that time, stating that it is with prejudice and without an award of court costs or fees to any party, pursuant to MRAP 29(b). *Notice.
06/06/2014 Joint Status Report and request for further stay of appeal, filed by Commonwealth & Jose Rivera.