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Court Case Record COMMONWEALTH vs. PATRICK JAY 2010-P-1332 UID(1632)


COMMONWEALTH vs. PATRICK JAY Court Case Record

Court Case Number: 2010-P-1332


 
Case Number2010-P-1332
Case TitleCOMMONWEALTH vs. PATRICK JAY
Case TypeCriminal
StateMassachusetts, MA
CountyHampden
CourtHampden Superior Court
Court Address
Phone
Field Date04/10/2008
Close Date03/16/2011

Parties

CounselNameType
Jane Davidson Montori, A.D.A.CommonwealthPlaintiff/Appellee
Michael A. Nam-Krane, EsquirePatrick JayDefendant/Appellant
DOCKET ENTRIES
Entry Date Paper Entry Text
07/29/2010 #1 Transcripts received: vols: 6; sets: 2.
07/29/2010 #2 Entered as partially impounde per M.G.L. c. 265, sec. 24C.
07/29/2010 #3 Notice of entry sent.
09/20/2010 #4 MOTION to extend brief & appendix due date, filed by Patrick Jay.
09/20/2010 #5 RE#3: Extension to 11/26/2010 granted for filing of brief of Patrick Jay, Defendant/Appellant. Notice to counsel.
11/26/2010 #6 MOTION to extend brief & appendix due date, filed by Patrick Jay w/attach.
11/26/2010 #7 RE#4: Extension to 12/17/2010 granted for filing of brief of Patrick Jay, Defendant/Appellant. Notice to counsel.
12/20/2010 #8 Motion for Leave To File Motion for New Trial in Trial Court filed by Patrick Jay.
12/22/2010 #9 RE#5: Appellant is granted leave to file, and the trial court to rule on, a motion for new trial. Appellate proceedings STAYED to 01/22/2011. Status report to be filed that date. *Notice/Attest.
01/24/2011 #10 Status Report filed by Patrick Jay.
01/25/2011 RE#6: Appellate proceedings STAYED to 03/25/2011. Status report due 03/25/2011. *Notice/attest/Page, J.
03/07/2011 Suggestion of death for Patrick Jay filed by Commonwealth.
03/11/2011 Suggestion of death and motion to dismiss all charges filed by Patrick Jay.
03/16/2011 ORDER: The defendant, having died while his direct appeal was pending, as evidenced by the defendant's death certificate, and where such evidence 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 Hampden County Superior Court in docket number HDCR2008-00332 is vacated. The case is remanded to the Hampden County Superior Court, where the indictments shall be dismissed. (Kantrowitz, Sikora & Fecteau JJ.). Notice/attest/image
03/29/2011 Copy of Order of Dismissal, dated 3/25/11, and revised docket entries (one copy) received from Hampden Superior Court.