Court Case Record COMMONWEALTH vs. JUAN S. PENA 2013-P-1010


Court Case Number: 2013-P-1010

Case Number2013-P-1010
Case TypeCriminal
StateMassachusetts, MA
CountyBoston Municipal
CourtBoston Municipal
Court Address
Field Date09/27/2010
Close Date04/09/2014


John P. Zanini, A.D.A. Withdrawn Vincent J. DeMore, A.D.A.CommonwealthPlaintiff/Appellant
Margaret Fox, EsquireJuan S. PenaDefendant/Appellee
Entry Date Paper Entry Text
06/27/2013 #1 Transcripts received: volumes: 1; sets: 2 - paper (4/17/13) in Clerk's envelope.
06/27/2013 #2 Entered.
06/27/2013 #3 Notice of entry sent.
07/02/2013 #4 Docketing Statement received from Commonwealth.^
07/02/2013 #5 Notice of appearance of Vincent J. DeMore for Commonwealth.
07/10/2013 #6 SERVICE of 7 briefs & 7 appendices for Plaintiff/Appellant Commonwealth.
07/31/2013 #7 MOTION to extend brief due date of Juan S. Pena.
07/31/2013 #8 RE#6: Extension to 11/08/2013 granted for filing of brief of Juan S. Pena, Defendant/Appellee. Notice to counsel.
10/28/2013 #9 MOTION to stay appeal and to enlarge time to file brief, filed by Juan S. Pena.
10/29/2013 #10 RE#7: The motion to stay is allowed. 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 heard oral argument in these cases in October 2013. In the interests of judicial economy, it is hereby ordered that appellate proceedings in the instant case are stayed until December 27, 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 a motion to vacate the stay for good cause shown. Notice.
12/11/2013 #11 Status Report and Motion for further stay of appeal, filed by Juan S. Pena.
12/13/2013 #12 RE#8: Appellate proceedings remain stayed pending the SJC's decisions in Commonwealth vs. Davila (SJC-11463) and the related Hinton Lab cases pending before that Court. The appellant is to file a status report on or before 2/11/14 or within 7 days of the SJC's decision, whichever is first to occur. In the event that the SJC decisions are issued before 1/4/13, defense counsel may file the required status report promptly upon her return to the office even if that date is more than 7 days after the decision. *Notice.
02/12/2014 Status Report and Motion for further stay of appeal, filed by Juan S. Pena.
02/13/2014 RE#9: Appellate proceedings STAYED to 03/13/2014. Status report due then concerning 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.
03/12/2014 Status Report and motion for enlargement in which to file defendant's responsive brief, filed by Juan S. Pena
03/14/2014 RE#11: See court's order of 3/12/14. *Notice.
03/26/2014 Stipulation of Dismissal, filed by Commonwealth & Juan S. Pena.
03/27/2014 RE#12: Denied without prejudice to renewal accompanied by an affidavit from the defendant demonstrating that the dismissal is voluntary and that he understands the consequence of dismissing the appeal with prejudice. *Notice.
04/09/2014 REVISED ACTION RE#12: 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.