Court Case Record COMMONWEALTH vs. SHEVREN HENDERSON 2011-P-1302


Court Case Number: 2011-P-1302

Case Number2011-P-1302
Case TypeCriminal
StateMassachusetts, MA
CountyEastern Hampshire District, HS
CourtEastern Hampshire District, HS
Court Address
Field Date06/22/2009
Close Date02/04/2013


Thomas H. Townsend, A.D.A. Cynthia M. Von Flatern, A.D.A.CommonwealthPlaintiff/Appellee
Barbara Munro, EsquireShevren HendersonDefendant/Appellant
Entry Date Paper Entry Text
07/25/2011 #1 Transcripts received: volumes: 1; sets: 2 in Clerk's envelope.
07/25/2011 #2 Entered.
07/25/2011 #3 Notice of entry sent.
08/01/2011 #4 MOTION to Stay Execution of Sentence, filed by Shevren Henderson.
08/01/2011 #5 MOTION to waive filing fee, filed by Shevren Henderson.
08/01/2011 #6 Defendant's MOTION to stay appellate proceedings.
08/03/2011 #7 ORDER: "The defendant seeks a stay of execution of sentence pending his appeal of the revocation of his probation. His motion is denied for two independent reasons. First, I am not persuaded that the defendant has "some reasonable possibility of a successful decision." Commonwealth v. Levin, 7 Mass. App. Ct. 501, 504 (1979). The judge did not specify what crime he found the defendant had committed. While the defendant alleges that there was not sufficient evidence before the judge of the alleged crime, assault and battery with a dangerous weapon, to wit, a shod foot, the basis for his argument is the absence of evidence that the assault and battery took place with a shod foot. The defendant does not deny that an assault and battery took place, and since this is a lesser included offense of the alleged offense, I do not see a reasonable likelihood of success on a claim that due process was violated by the finding of a criminal act and the consequent revocation of probation. Nor do I see a likelihood of success on a claim based on the reliability of the evidence introduced at the revocation hearing. Even if I am incorrect about this, however, the defendant's criminal record makes it impossible for me to find that he is not a flight risk, a danger to the community, or likely to commit further offenses. See Commonwealth v. Hodge, 138 Mass. 851, 855 (1980)." (Rubin, J.) *Notice/Attest.
08/05/2011 #8 RE#3: No action necessary, as no fee is required to file the motion after entry of the underlying appeal. *Notice.
08/05/2011 #9 RE#4: Denied as moot. See entry of order on 8/3/11 (P#5) on defendant's motion to stay execution of sentence. *Notice.
08/24/2011 #10 SERVICE of brief & appendix for Defendant/Appellant Shevren Henderson.
09/19/2011 #11 Motion to enlarge time for filing a brief to 10/28/11, filed by Commonwealth.
09/19/2011 RE#7: Extension to 10/28/2011 granted for filing of brief of Commonwealth, Plaintiff/Appellee. Notice to counsel.
10/28/2011 SERVICE of brief for Plaintiff/Appellee Commonwealth.
11/14/2011 SERVICE of reply brief for Defendant/Appellant Shevren Henderson.
03/07/2012 Notice of 04/06/2012, 9:30 AM argument at John Adams Courthouse, Courtroom 4 (a4) sent.
04/06/2012 Oral argument held. (Mills, J., Brown, J., Sikora, J.).
10/19/2012 Decision: Full Opinion (Sikora, J.) Order revoking probation affirmed. *Notice.
11/13/2012 Copy of FAR application of Shevren Henderson.
02/01/2013 FAR DENIED. (on 01/31/13)
02/04/2013 RESCRIPT to Trial Court.