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Court Case Record COMMONWEALTH vs. RODNEY FREDERICK 2011-J-0431 UID(bbf0)


COMMONWEALTH vs. RODNEY FREDERICK Court Case Record

Court Case Number: 2011-J-0431


 
Case Number2011-J-0431
Case TitleCOMMONWEALTH vs. RODNEY FREDERICK
Case TypeCriminal
StateMassachusetts, MA
CountyBoston Municipal, Roxbury Div.
CourtBoston Municipal, Roxbury Div.
Court Address
Phone
Field Date10/06/2011
Close Date10/14/2011

Parties

CounselNameType
John P. Zanini, Assistant District AttorneyCommonwealthPlaintiff/Petitioner
Albert F. Cullen, Jr., EsquireRodney FrederickDefendant/Respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
10/06/2011 #1 Letter to enter filed by Commonwealth.
10/06/2011 #2 Motion for stay under M.R.A.P. 6(a) with attachments, filed by Commonwealth.
10/06/2011 #3 ORDER: The order of the Boston Municipal Court Judge (Frison, J.) dated September 15, 2011, allowing the defendant's motion for return of property is hereby stayed until further order of this court or a single justice thereof. The money is to remain held in escrow by the City of Boston pending resolution of the underlying appeal and the Commonwealth's complaint for civil forfeiture in Superior Court (Cypher, J.). Notice/attest/Frison, J.
10/11/2011 #4 Motion for stay under M.R.A.P. 6(a) with attachments, filed by Commonwealth.
10/11/2011 #5 Telephone notice to counsel for hearing before Cypher, J. on 10/12/11 at 3:00 P.M. in Court Room 4.
10/11/2011 #6 ORDER: The show cause or sanction hearing scheduled for October 12, 2011 in the Boston Municipal Court before Judge Frison is hereby stayed pending further order of this court or a single justice thereof, following a hearing to be held before the single justice on October 12, 2011 at 3:00 p.m. (Cypher, J.) *Notice/Attest.
10/11/2011 #7 Opposition to Commonwealth's emergency motion to stay contempt show cause hearing, filed by Rodney Frederick. (by fax)
10/12/2011 #8 Copy of docket sheet, received from Boston Municipal Court. (by fax)
10/12/2011 #9 Hearing held.
10/12/2011 #10 Appearance of Attorney Albert F. Cullen, Jr. for Rodney Frederick.
10/12/2011 #11 Appearance of Attorney John P. Zanini for Commonwealth.
10/13/2011 #12 Memo in support of municipal court's exercise of jurisdiction over the return of property at the arraignment, filed by Rodney Frederick.
10/13/2011 #13 Response to defendant's memorandum re jurisdiction, filed by Commonwealth.
10/13/2011 Response to paper #11, filed by Rodney Frederick.
10/14/2011 ORDER: The order of the Boston Municipal Court Judge (Frison, J.) dated September 15, 2011, allowing the defendant's motion for return of property is hereby stayed pending resolution of the underlying appeal. Any further proceedings on the subject in the Boston Municipal Court, including any sanctions or contempt hearings, as well as the hearing previously scheduled for October 12, 2011, are stayed. The seized property is to remain held in escrow by the City of Boston pending resolution of the underlying appeal and the Commonwealth's complaint for civil forfeiture in Superior Court. The proceedings on the related civil forfeiture action in the Superior Court can continue, if necessary, including the filing of any answer, affirmative defense, counterclaim, etc. The Commonwealth's appeal is hereby expedited. The appeal is entered this date as docket number 2011-P-1776. The Clerk of the Boston Municipal Court is to prepare and transmit forthwith a notice of assembly of the record. The brief and record appendix of the Commonwealth, as appellant, are to be filed on or before November 14, 2011, and the defendant-appellee's brief is to be filed on or before December 14, 2011. Any reply brief of the Commonwealth is to be filed by December 23, 2011. Neither party shall seek an enlargement of time to file a brief. The appeal shall be scheduled for argument during the January 2012 sitting of this Court. Any failure by the Commonwealth to prosecute its appeal in a diligent manner may result in a revocation of the stay. All terms of this order shall remain in effect until further order of this Court or a single justice thereof. (Cypher, J.) *Notice/Attest/Frison
10/14/2011 Memo: Case folder of 11-J-431 filed with 11-P-1776.