Court Case Record COMMONWEALTH vs. MARLIS D. CINTRON 2014-P-0705 UID(1770)


Court Case Number: 2014-P-0705

Case Number2014-P-0705
Case TypeCriminal
StateMassachusetts, MA
CountyBrockton District, PL
CourtBrockton District, PL
Court Address
Field Date05/22/2009
Close Date06/05/2015


Robert C. Thompson, A.D.A. Withdrawn Carolyn A. Burbine, A.D.A.CommonwealthPlaintiff/Appellant
Joseph F. Krowski, EsquireMarlis D. CintronDefendant/Appellee
Entry Date Paper Entry Text
05/05/2014 #1 Transcripts received: volumes: 1; cds: 1 with 2 paper copies. 10/11/2013 = Motion for New Trial^
05/05/2014 #2 Entered.
05/05/2014 #3 Notice of entry sent.
05/15/2014 #4 Docketing Statement received from Commonwealth.^
05/19/2014 #5 Notice of appearance of Carolyn A. Burbine for Commonwealth.
06/13/2014 #6 MOTION to extend brief & appendix due date, filed by Commonwealth.
06/16/2014 #7 RE#5: Allowed to 08/18/2014. Notice sent.
08/27/2014 #8 MOTION to accept late filing, filed by Commonwealth.
08/27/2014 #9 RE#6: Allowed. *Notice.
08/27/2014 #10 SERVICE of brief & appendix for Plaintiff/Appellant Commonwealth.
09/29/2014 #11 SERVICE of brief & supplemental appendix for Defendant/Appellee Marlis D. Cintron.
12/09/2014 #12 Notice sent seeking information on unavailability for oral argument in February 2015
12/29/2014 #13 Notice of 02/04/2015, 9:30 AM argument at John Adams Courthouse, Courtroom 4 (a4) sent.
02/05/2015 Motion for costs of appeal, filed by Marlis D. Cintron
02/11/2015 Paper#10 forwarded to panel.
02/13/2015 RE#10: A response is requested from the Commonwealth, due on or before 2/27/15. (Green, Grainger & Massing, JJ.). *Notice.
02/04/2015 Oral argument held. (Green, J., Grainger, J., Massing, J.).
03/05/2015 OPPOSITION to paper #10, filed by Commonwealth.
03/05/2015 Paper#11 forwarded to panel.
03/13/2015 Reply to paper #11, filed by Marlis D. Cintron.
03/16/2015 Paper#12 forwarded to panel.
04/17/2015 ORDER: The defendant-appellee, Marlis D. Cintron, filed an application for attorney's fees and costs in the total amount of $14,774.22. See Mass.R.Crim.P. 30(c)(8)(B). Specifically Cintron seeks reimbursement of $14,700 in attorney's fees, representing forty-nine hours of appellate work at an hourly rate of $300, plus printing costs of $74.22. The appellee's petition for fees must be submitted "together with the necessary back-up material and details as to hours spent, precise nature of the work, and fees requested," Yorke Mgmt. v. Castro, 406 Mass. 17, 20 (1989), so as to provide this court with a reasonable basis upon which to assess whether the work was warranted and whether the time expended was reasonable. In determining the amount of reasonable appellate fees, which is a "largely discretionary" decision, we do not act as "a mere calculator of numbers but properly exercise[] independent judgment concerning the request's reasonableness." Stowe v. Bologna, 417 Mass. 199, 204 (1994). We are "not required to review and allow or disallow each individual item in the bill, but [may] consider the bill as a whole." Berman v. Linnane, 434 Mass. 301, 303 (2001). After consideration of the application and supporting materials, as well as the opposition filed by the Commonwealth, we conclude that the hourly rate and the total number of hours presented in the application are significantly in excess of a reasonable amount for the issues and complexity of the record in this case. Accordingly, in the exercise of our discretion, we award $6,750.00 in attorney's fees. The requested costs of $74.22 are allowed in full. (Green, Grainger & Massing, JJ.). *Notice/Attest.