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Court Case Record COMMONWEALTH vs. PAUL BERRY 2013-P-1220 UID(4527)


COMMONWEALTH vs. PAUL BERRY Court Case Record

Court Case Number: 2013-P-1220


 
Case Number2013-P-1220
Case TitleCOMMONWEALTH vs. PAUL BERRY
Case TypeCriminal
StateMassachusetts, MA
CountyMiddlesex
CourtMiddlesex Superior Court
Court Address
Phone
Field Date08/04/2011
Close Date12/19/2013

Parties

CounselNameType
James W. Sahakian, A.D.A.CommonwealthPlaintiff/Appellee
Rebecca A. Jacobstein, EsquirePaul BerryDefendant/Appellant
DOCKET ENTRIES
Entry Date Paper Entry Text
08/02/2013 #1 Transcripts received: 9 vols on 3 CD's ^, 11/1/11, 9/7/12, 9/10/12, 9/11/12, 9/12/12, 9/13/12, 9/17/12, 9/18/12, 9/24/12 in Clerk's envelope.
08/02/2013 #2 Entered.
08/02/2013 #3 Notice of entry sent.
08/12/2013 #4 Docketing Statement received from Paul Berry^
09/11/2013 #5 MOTION to extend brief & appendix due date, filed by Paul Berry
09/11/2013 #6 RE#4: Extension to 11/08/2013 granted for filing of brief of Paul Berry, Defendant/Appellant. Notice to counsel.
11/06/2013 Suggestion of death of Mr. Paul Berry and Motion to Dismiss, filed by Attorney Rebecca A. Jacobstein.
12/19/2013 ORDER: The defendant, having died while his direct appeal was pending, as evidenced by a copy of his death certificate filed by his counsel, said suggestion of death not being challenged 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 Middlesex County Superior Court in docket number MICR2011-00765 is vacated. The case is remanded to the Middlesex Superior Court, where the indictments shall be dismissed (Kantrowitz, Meade & Hanlon, JJ.). *Notice/Attest/Budd, J.