seal

Court Case Record COMMONWEALTH vs. MICHAEL DEPINA 2014-P-0809 UID(1acd)


COMMONWEALTH vs. MICHAEL DEPINA Court Case Record

Court Case Number: 2014-P-0809


 
Case Number2014-P-0809
Case TitleCOMMONWEALTH vs. MICHAEL DEPINA
Case TypeCriminal
StateMassachusetts, MA
CountyWorcester
CourtWorcester Superior Court
Court Address
Phone
Field Date02/19/2010
Close Date09/09/2014

Parties

CounselNameType
Jane A. Sullivan, A.D.A.CommonwealthPlaintiff/Appellee
Chandler W. Matson, EsquireMichael DepinaDefendant/Appellant
DOCKET ENTRIES
Entry Date Paper Entry Text
05/21/2014 #1 Transcripts received: volumes: 4 on 2 cds, 2 sets of Cds; 4/4/2011, 4/11/2011, 4/12/2011, 4/13/2011 = Trial^
05/21/2014 #2 Entered.
05/21/2014 #3 Notice of entry sent.
06/30/2014 #4 MOTION to extend brief & appendix due date and/or possible withdrawal of appeal, filed by Michael Depina.
07/03/2014 #5 RE#3: Appellate proceedings STAYED to 07/30/2014. Status report or motion to vacate conviction pursuant to Commonwealth v. Eisen, 368 Mass. 813 (1975) to be filed on or before that date. *Notice.
08/04/2014 #6 Motion for enlargement of time to file status report, filed by Michael Depina.
08/04/2014 #7 Status Report, filed by Michael Depina.
08/05/2014 RE#4: Allowed for filing this date. *Notice.
08/05/2014 RE#5: Appellate proceedings STAYED to 09/05/2014. Status report due or motion to vacate due then. *Notice.
08/28/2014 Motion to vacate judgment and to dismiss indictment pursuant to Commonwealth v. Eisen, 368 Mass. 813 (1975), filed by Michael Depina.
09/09/2014 ORDER: The defendant, having died while his direct appeal was pending, as evidenced by the notice of death filed by his counsel and where such notice of death is not disputed by the Commonwealth, the indictments must be dismissed. See Commonwealth v. Eisen, 368 Mass. 813 (1975); Commonwealth v. De La Zerda, 416 Mass. 247, 248-249 (1993). Accordingly, the judgment of the Worcester County Superior Court in docket number WOCR2010-00189 is vacated. The case is remanded to Worcester County Superior Court, where the indictments shall be dismissed . (Hanlon, Carhart & Maldonado, JJ.). *Notice/Attest.