Court Case Record COMMONWEALTH vs. NARCISO DUARTE 2014-P-0828


Court Case Number: 2014-P-0828

Case Number2014-P-0828
Case TypeCriminal
StateMassachusetts, MA
CourtWorcester Superior Court
Court Address
Field Date12/05/2006
Close Date04/13/2015


Jane A. Sullivan, A.D.A. Withdrawn Stephen J. Carley, EsquireCommonwealthPlaintiff/Appellee
Narciso DuartePro Se Defendant/Appellant
Entry Date Paper Entry Text
05/23/2014 #1 Transcripts received: NONE
05/23/2014 #2 Entered.
05/23/2014 #3 Notice of entry sent.
05/30/2014 #4 MOTION to file late notice of appeal, filed by Narciso Duarte.
06/05/2014 #4.1 RE#3: Defendant's appeal was entered on May 23, 2014 in the Appeals Court as 2014-P-828. A copy of the docket is sent to Defendant this date. His brief and appendix is due July 2, 2014. A review of the assembly of the record on appeal transmitted by the Superior Court in this appeal reveals that the defendant on 4/30/14 filed a notice of appeal with the trial court related to the denial of his motion for new trial on 7/24/13. Defendant now seeks this court to deem the notice of appeal filed on 4/30/14 timely nunc pro tunc. Defendant's motion failed to include a certificate of service in compliance with M.R.A.P. 13. Accordingly, the motion is denied without prejudice and subject to renewal with a certificate of service that complies with M.R.A.P. 13 indicating service on counsel for the plaintiff Commonwealth. *Notice.
06/06/2014 #4.2 Copy of docket sent to Narciso Duarte
06/23/2014 #5 Motion to deem notice of appeal filed 4/30/14 as timely filed, filed by Narciso Duarte.
06/24/2014 #6 ORDER: Any response to Paper #4 is due on or before 6/30/14. Notice
07/09/2014 #7 Notice of appearance of Stephen J. Carley for Commonwealth.
07/09/2014 #8 SERVICE of brief for Plaintiff/Appellee Commonwealth.
07/10/2014 #9 RE#4: Allowed. The defendant is granted leave to file a late notice of appeal nunc pro tunc to 4/30/14. The appellant's brief and appendix are overdue. The defendant shall file his brief and appendix or a motion to enlarge the time for filing the same on or before 7/23/14 or his appeal may be dismissed for failure to prosecute the same. (Carhart, J.). *Notice/Attest.
07/14/2014 Motion to allow non-conforming brief, filed by Narciso Duarte
07/14/2014 RE#5: Allowed and accepted for filing this date. *Notice.
07/14/2014 SERVICE of brief for Defendant/Appellant Narciso Duarte.
11/05/2014 Letter from Narciso Duarte re: inquiring about status on the appeal.
01/12/2015 Under consideration by Panel. (Cypher, J., Kantrowitz, J., Carhart, J.).
01/20/2015 Letter from Narciso Duarte re: Status of appeal
01/20/2015 Copy of docket sent to Narciso Duarte.
03/16/2015 Decision: Rule 1:28 Order denying motion for new trial affirmed. (Cypher, Kantrowitz & Carhart, JJ.). *Notice.
03/16/2015 Copy of decision sent to Narciso Duarte.
04/13/2015 RESCRIPT to Trial Court.