Court Case Record COMMONWEALTH vs. JOSHUA PAGAN 2012-J-0375


Court Case Number: 2012-J-0375

Case Number2012-J-0375
Case TypeCriminal
StateMassachusetts, MA
CountyNorthampton District, HS
CourtNorthampton District, HS
Court Address
Field Date10/09/2012
Close Date11/05/2012


Stephen J. Sloan, EsquireCommonwealthPlaintiff/Respondent
Dana Goldblatt, EsquireJoshua PaganDefendant/Petitioner
Entry Date Paper Entry Text
10/09/2012 #1 Motion to waive entry fee, filed by Joshua Pagan, is allowed.
10/09/2012 #2 Motion for stay of execution pending appeal with attachments, filed by Joshua Pagan. ^
10/15/2012 #3 ORDER: This matter comes before the single justice on a motion for stay pending appeal. The defendant requests a release from custody and restoration of his license pending appeal. The 10 day period of incarceration to which the defendant was sentenced is served. The sole relief now sought is the restoration of the license pending appeal. While the Commonwealth does not oppose this request, the license suspension was not part of the sentence imposed in the criminal proceeding. 1 The license suspension is imposed by the registrar of Motor Vehicles. See G. L. c. 90, ยงยง 23 & 28. Accordingly, the motion is denied. (Sullivan, J.) *Notice/Attest/Goggins, J. Footnotes 1. The docket states in pertinent part: "CWOF Revoked -Guilty Entered -10 days HOC -any outstanding $s remitted."
11/01/2012 #4 Motion to reconsider paper #3, filed by Joshua Pagan.^
11/01/2012 #5 Motion to recusal of Justice Sullivan, filed by Joshua Pagan.^
11/05/2012 #6 RE#5: The motion to recuse is allowed based on counsel's representation that Attorney Spear is her supervisor in this matter. See Supreme Judicial Court Committee on Judicial Ethics Opinion 2011-5. (Sullivan, J.). *Notice
11/05/2012 ORDER: This matter comes before the single justice on a motion for reconsideration of an order of the single justice denying the defendant's Mass. R. A. P. 6(a) motion to stay the suspension of his driver's license pending appeal. The motion for reconsideration is allowed, and after reconsideration, the October 15, 2012 order of the single justice is hereby vacated. See Commonwealth v. Yameen, 401 Mass. 331, 333 (1987). After careful review of this matter in light of the considerations which govern single justice review, the motion to stay is allowed. See Commonwealth v. Hodge, 380 Mass. 851, 855 (1980), citing Commonwealth v. Levin, 7 Mass. App. Ct. 501, 505 (1979). (Kafker, J.). *Notice/Attest/Goggins, J.