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Court Case Record COMMONWEALTH vs. SIDNEY KILGORE 2012-P-0216 UID(a0db)


COMMONWEALTH vs. SIDNEY KILGORE Court Case Record

Court Case Number: 2012-P-0216


 
Case Number2012-P-0216
Case TitleCOMMONWEALTH vs. SIDNEY KILGORE
Case TypeCriminal
StateMassachusetts, MA
CountyBoston Municipal, Dorchester Div.
CourtBoston Municipal, Dorchester Div.
Court Address
Phone
Field Date01/13/2012
Close Date03/25/2013

Parties

CounselNameType
John P. Zanini, A.D.A.CommonwealthPlaintiff/Appellant
Michael A. Waryasz, EsquireSidney KilgoreDefendant/Appellee
Nona E. Walker, Esquire Donald S. Bronstein, EsquireCPCSOther interested party
DOCKET ENTRIES
Entry Date Paper Entry Text
02/09/2012 #1 Transcripts received: NONE
02/09/2012 #2 Entered.
02/09/2012 #3 Notice of entry sent.
03/06/2012 #4 Motion to file memorandum in lieu of brief filed by Commonwealth.
03/13/2012 #5 OPPOSITION to paper #3, filed by Sidney Kilgore.
03/14/2012 #6 RE#3: Denied. The Commonwealth's brief and appendix conforming in all respects with MRAP, remains due on or before 3/20/12. *Notice.
03/20/2012 #7 Motion for leave to file Nunc Pro Tunc a supplemental affidavit with respect to his motion to the single justice for leave to file a late notice of appeal, filed by Sidney Kilgore.
03/22/2012 #8 Motion to be permitted to inquire of defendant's probation hearing attorney, or for a court order for an affidavit from said attorney, and objection to defendant's motion to file a late notice of appeal, filed by Commonwealth.
03/27/2012 #9 OPPOSITION to paper #6, filed by Sidney Kilgore.
03/28/2012 #10 Supplement to its motion to be permitted to inquire of defendant's probation hearing attorney, or for a court order for an affidavit from said attorney, and objection to defendant's motion to file a late notice of appeal, filed by Commonwealth.
04/03/2012 #11 OPPOSITION to motion for remand to the Dorchester Division of the Boston Municipal Court for a fact-finding hearing, filed by Sidney Kilgore.
04/11/2012 #12 Supplement to motion for remand, filed by Commonwealth.
04/13/2012 #13 ORDER: This is the Commonwealth's appeal from the order that I entered as single justice in 12-J-0020, that allowed the defendant's motion for leave to file a late notice of appeal. The defendant has filed a motion (paper #5) for leave to file nunc pro tunc a supplemental affidavit of the defendant in support of his original motion to file a late notice of appeal. The Commonwealth filed an opposition (paper # 6) that also requested this court to issue an order either allowing the Commonwealth to inquire of, or requiring production of an affidavit from, the defendant's probation hearing attorney as to any communications about filing a timely notice of appeal. Subsequently, each party has filed additional motions, oppositions, supplements, and/or replies (papers # 7, 8, 9, and 10). After review of the parties' submissions, it is ordered that: The defendant's motions are treated as a motion to expand the record on appeal in 12-P-0216 to include the affidavit of the defendant dated March 15, 2012, and the affidavit of the defendant's probation hearing attorney, James A. Reidy, dated March 26, 2012. As such, the motions are allowed. Further, upon consideration of these affidavits, I reaffirm the order I entered in 12-J-0020 that allowed the defendant's motion to file notice of appeal late, and report the propriety of this ruling to the panel designated to decide this appeal. The Commonwealth's requests for a remand, production of an affidavit and/or to conduct fact finding of Attorney Reidy, and any other relief requested, are denied. The Commonwealth's memorandum in lieu of brief is due on or before May 4, 2012. So ordered. (Grainger, J.) *Notice.
04/13/2012 #14 Motion to reconsider paper #11, filed by Sidney Kilgore.
04/13/2012 #15 Notice of appeal of paper #11, filed by Commonwealth.
04/18/2012 #16 Notice of appeal of paper #11, filed by Commonwealth.
04/19/2012 #17 RE#12: To the extent the within seeks reconsideration of that portion of the Order, dated 4/13/12, setting a due date of 5/4/12 for the filing of the Commonwealth's memorandum in lieu of a brief, it is allowed, and upon reconsideration the Order is amended to require the filing by the Commonwealth, on or before 5/4/12, of a brief and record appendix conforming in all respects with MRAP. See action, dated 3/14/12, RE#3. In all other respects the Order of 4/13/12 is to stand. (Grainger, J.). *Notice.
04/23/2012 #18 RE#13: No action taken on paper #13 because the Commonwealth filed a revised notice of appeal, with the correct case caption, as paper #14. *Notice.
04/23/2012 #19 RE#14: The Commonwealth's notice of appeal is docketed and consolidated with its appeal in 12-P-0216, without further necessity of assembly of the record. *Notice.
05/18/2012 #20 MOTION to Dismiss, filed by Sidney Kilgore.
05/21/2012 #21 RE#15: The 1st Step of the Appeals Court Standing Order concerning the Dismissal of Appeals for Lack of Prosecution shall enter forthwith. *Notice.
05/23/2012 #22 Notice preceding dismissal: Standing Order Governing Dismissals for Lack of Prosecution.