Court Case Record COMMONWEALTH vs. ROMANO NEWBALL 2011-P-1350


Court Case Number: 2011-P-1350

Case Number2011-P-1350
Case TypeCriminal
StateMassachusetts, MA
CourtMiddlesex Superior Court
Court Address
Field Date03/08/1985
Close Date09/27/2012


James W. Sahakian, Esquire KerryAnne Kilcoyne, A.D.A.CommonwealthPlaintiff/Appellee
Romano NewballPro Se Defendant/Appellant
Entry Date Paper Entry Text
08/02/2011 #1 Transcripts received: NONE
08/02/2011 #2 Entered.
08/02/2011 #3 Notice of entry sent.
08/02/2011 #4 Appellant's Memorandum in Lieu of Brief, from Romano Newball.
08/05/2011 #5 RE#2: The within is not accepted for filing as a motion seeking leave of court to file a memorandum in lieu of brief is required. Such motion is to be filed on or before 9/12/11. Appellant is to note that this case is in the Appeals Court (not the Supreme Judicial Court). The docket number, 11-P-1350, must be noted on all filings. *Notice.
09/06/2011 #6 Notice to Romano Newball that brief is non-conforming for the reasons indicated on the checklist: 1. (blue), 8, 11, 13, 14 (with page references), & 16. The party has until 09/16/2011 to file a conforming brief and appendix or a motion to accept nonconforming brief and appendix. *Notice.
09/13/2011 #7 Motion to extend time required for filing a brief to 9/26/11, filed by Romano Newball.
09/13/2011 #8 RE#4: Extension to 09/26/2011 granted for filing of brief of Romano Newball, Defendant/Appellant. Notice to counsel.
09/21/2011 #9 SERVICE of brief & appendix for Defendant/Appellant Romano Newball.
10/19/2011 #10 MOTION to extend brief due date of Commonwealth.
10/19/2011 #11 RE#6: Extension to 01/27/2012 granted for filing of brief of Commonwealth, Plaintiff/Appellee. Notice to counsel.
01/26/2012 #12 SERVICE of brief for Plaintiff/Appellee Commonwealth.
02/08/2012 #13 Motion to transfer appeal from Appeals Court to Supreme Court, filed by Romano Newball.
02/14/2012 RE#8: As the appeal concerns a civil proceedings pertaining to a request for habeas corpus relief, the appeal was properly docketed in this court. Accordingly the motion is denied. *Notice.
05/29/2012 Under consideration by Panel. (Kantrowitz, J., Cohen, J., Meade, J.).
06/07/2012 ORDER: In 1985, the defendant was convicted of murder in the first degree in violation of G. L. c. 265, § 1, and that conviction was affirmed by the Supreme Judicial Court (SJC), after the review under G. L. c. 278, § 33E, in Commonwealth v. Newball, 401 Mass. 136 (1987). The defendant now appeals from a denial of his motion for "Mandamus Habeas Corpus for Preliminary Hearing." In his motion, he requested a hearing regarding his request for the transcript from the grand jury proceedings in his case. We dismiss the appeal. Because the defendant's conviction has been affirmed by the SJC on direct appeal and the rescript has issued, the defendant was required to seek leave to appeal the denial of this motion from a single justice of the SJC. See G. L. c. 278, § 33E, as appearing in St. 1979, c. 346, § 2 ("If any motion is filed in the superior court after rescript, no appeal shall lie from the decision of that court upon such motion unless the appeal is allowed by a single justice of the [SJC]" [emphasis supplied]). See also Commonwealth v. Davis, 410 Mass. 680, 683 (1991) (gatekeeper "provision expressly prohibits an appeal from 'any motion' filed in the Superior Court after § 33E review without the leave of a single justice of th[e SJC]"); Commonwealth v. Carter, 429 Mass. 266, 269-270 (1999) (appeal from denial of postconviction motion for funds for investigator after § 33E review on direct appeal must first be presented to a single justice of the SJC acting as gatekeeper); Commonwealth v. Gilbert, 447 Mass. 161, 164-164 & n.6 (2006) (in a capital case, § 33E directs "all appeals from postconviction motions to a single justice" of the SJC). As such, we are without jurisdiction over this matter. Appeal dismissed. (Kantrowitz, Cohen & Meade, JJ.). *Notice/Attest.
06/18/2012 Request for rehearing to transfer, filed by Romano Newball.
06/29/2012 ORDER: The petition for rehearing and transfer filed by the defendant having been considered, it is ordered that the petition and transfer be, and the same hereby is, denied. (Kantrowitz, Cohen & Meade, JJ.) *Notice.
09/27/2012 FAR DENIED (on 09/27/2012).
12/10/2012 Letter from Supreme Court of the United States re: Petition for writ of certiorari placed on docket as No. 12-7605.
02/22/2013 Letter from Supreme Court of the United States re: Petition for Writ of Certiorari is denied.