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Court Case Record COMMONWEALTH vs. JOSEPH CARNEVALE 2013-J-0095 UID(37ae)


COMMONWEALTH vs. JOSEPH CARNEVALE Court Case Record

Court Case Number: 2013-J-0095


 
Case Number2013-J-0095
Case TitleCOMMONWEALTH vs. JOSEPH CARNEVALE
Case TypeCriminal
StateMassachusetts, MA
CountySalem District, ES
CourtSalem District, ES
Court Address
Phone
Field Date02/22/2013
Close Date02/26/2013

Parties

CounselNameType
Elin H. Graydon, Assistant District AttorneyCommonwealthPlaintiff/Respondent
Scott F. Gleason, EsquireJoseph CarnevaleDefendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
02/22/2013 #1 Motion for stay under M.R.A.P. 6, filed by Joseph Carnevale.
02/26/2013 RE#1: Based upon the recitation of the evidence contained in the defendant's motion, I conclude that the defendant has not shown "some reasonable possibility of a successful decision," Commonwealth v. Hodge, 380 Mass. 851, 855 (1980). As explained in Commonwealth v. Sudderth, 37 Mass. App. Ct. 317, 320 (1994), even in cases where the evidence would not mandate a guilty verdict on an operating under the influence charge, see Commonwealth v. Plowman, 28 Mass. App. Ct. 230, 234 (1990), it may well be sufficient to permit the case to go to the jury. The defendant's motion for a stay of execution of so much of his sentence as requires him to spend fourteen days in a residential alcohol treatment program is, therefore, denied. (Cohen, J.) *Notice/Attest/Lauranzano, J.