Court Case Record COMMONWEALTH vs. SUSAN STROUT 2012-P-1446


Court Case Number: 2012-P-1446

Case Number2012-P-1446
Case TypeCriminal
StateMassachusetts, MA
CountyPittsfield District, BE
CourtPittsfield District, BE
Court Address
Field Date11/12/2010
Close Date05/31/2013


Joseph A. Pieropan, A.D.A.CommonwealthPlaintiff/Appellee
Louis C. Cashiola, EsquireSusan StroutDefendant/Appellant
Entry Date Paper Entry Text
09/10/2012 #1 Transcripts received: 2 vols, 2 sets paper nad 1 CD of set ^ in Clerk's envelope.
09/10/2012 #2 Entered.
09/10/2012 #3 Notice of entry sent.
09/10/2012 #4 Docketing Statement received from Susan Strout.^
09/10/2012 #5 Notification from Susan Strout of stay of sentence pending appeal. (see docketing statement).
10/01/2012 #6 MOTION to extend brief & appendix due date, filed by Susan Strout.
10/02/2012 #7 RE#4: Allowed to 01/04/13. Notice
12/26/2012 #8 SERVICE of brief & appendix for Defendant/Appellant Susan Strout.
01/04/2013 #9 MOTION to extend brief due date of Commonwealth.
01/07/2013 RE#6: Extension to 05/09/2013 granted for filing of brief of Commonwealth, Plaintiff/Appellee. Notice to counsel.
04/23/2013 MOTION to stay, filed by Susan Strout.
04/24/2013 RE#7: Appellate proceedings STAYED to 06/24/2013. Status report, or appropriate motion supported by death certificate to be filed on or before that date. Notice
05/20/2013 Motion to vacate judgment and order dismissal of the criminal complaint, filed by Susan Strout.
05/31/2013 ORDER: Counsel for the defendant, Susan Strout, having suggested that the defendant died while her appeal was pending in this court, and the Commonwealth not having challenged that suggestion, and the defendant=s counsel having moved to vacate the conviction and to dismiss the indictment in accordance with the customary practice of the courts of this Commonwealth under such circumstances, and the Commonwealth having neither opposed nor assented to that motion, we follow the instruction of the Supreme Judicial Court that A[w]hen a criminal defendant dies pending his appeal, normally the judgment should be vacated and the indictment dismissed, Commonwealth v. Eisen, 368 Mass. 813, 813 (1975), and allow the motion. We are unaware of any post-Eisen case pending here or in the Supreme Judicial Court in which a suggestion that the defendant had died during the pendency of the appeal failed to produce vacation of the judgment and dismissal of the indictment. Accordingly, the judgment of the Pittsfield District Court in case number 1027CR002096 is vacated. The case is remanded to the Pittsfield District Court, where that indictment shall be dismissed. (Kantrowitz, Sikora & Hanlon, JJ.). *Notice/Attest.