Court Case Record COMMONWEALTH vs. JOSEPH CIULLA 2013-P-0510 UID(5977)


Court Case Number: 2013-P-0510

Case Number2013-P-0510
Case TypeCriminal
StateMassachusetts, MA
CountyBoston Municipal, E. Boston Div.
CourtBoston Municipal, E. Boston Div.
Court Address
Field Date05/14/2010
Close Date04/04/2014


John P. Zanini, A.D.A. Inactive Vincent J. DeMore, A.D.A.CommonwealthPlaintiff/Appellant
Arthur A. Shabo, Esquire Eric S. Brandt, EsquireJoseph CiullaDefendant/Appellee
Entry Date Paper Entry Text
03/25/2013 #1 Transcripts received: volumes: 2; sets: 3 - paper, (12/13/12 & 1/23/13) in Clerk's envelope.
03/25/2013 #2 Entered.
03/25/2013 #3 Notice of entry sent.
03/29/2013 #4 Notice of appearance of Eric S. Brandt for Joseph Ciulla.
03/29/2013 #5 Docketing Statement received from Commonwealth.^
04/01/2013 #6 Notice of appearance of Vincent J. DeMore for Commonwealth.
05/06/2013 #7 SERVICE of brief & appendix for Plaintiff/Appellant Commonwealth.
06/10/2013 #8 MOTION to extend brief due date of Joseph Ciulla.
06/11/2013 #9 RE#7: Extension to 09/10/2013 granted for filing of brief of Joseph Ciulla, Defendant/Appellee. Notice to counsel.
06/17/2013 #10 ORDER: 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 has 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/attest
12/09/2013 #11 ORDER: Appellant's status report is overdue. On or before 12/16/13, Appellant is to file a status report as detailed in this Court's Order of 6/17/13. 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 MOTION to continue stay, filed by Joseph Ciulla.
12/18/2013 RE#8: 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 occur first, to be filed by the Commonwealth, and shall detail the status of the SJC cases. *Notice.
03/12/2014 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 Stipulation of dismissal, filed by Commonwealth & Joseph Ciulla.
03/27/2014 RE#10: Denied without prejudice to renewal accompanied by an affidavit from the defendant demonstrating that the dismissal is voluntary and that he understands the consequences of a dismissal with prejudice. *Notice.
04/04/2014 Letter from Vincent J. DeMore A.D.A. and Attorney Eric S. Brandt re: Request to renew stipulation for dismissal and affidavit of counsel filed in support of dismissal
04/04/2014 RE#11: Appeal dismissed with prejudice and without an award of costs or fees to any party, pursuant to M.R.A.P. 29(b). *Notice/Attest.