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Court Case Record COMMONWEALTH vs. TODD TOMCHAK 2011-P-1565 UID(6981)


COMMONWEALTH vs. TODD TOMCHAK Court Case Record

Court Case Number: 2011-P-1565


 
Case Number2011-P-1565
Case TitleCOMMONWEALTH vs. TODD TOMCHAK
Case TypeCriminal
StateMassachusetts, MA
CountyFalmouth District BA
CourtFalmouth District Court BA
Court Address
Phone
Field Date01/03/2011
Close Date10/25/2012

Parties

CounselNameType
Julia K. Holler, Esquire Genevieve K. Henrique, A.D.A. Elizabeth Anne Sweeney, A.D.A.CommonwealthPlaintiff/Appellee
Kathleen Putney Towers, EsquireTodd TomchakDefendant/Appellant
DOCKET ENTRIES
Entry Date Paper Entry Text
09/09/2011 #1 Transcripts received: volumes: 1; sets: 2 in Clerk's envelope.
09/09/2011 #2 Entered.
09/09/2011 #3 Notice of entry sent.
10/04/2011 #4 Motion for extension of time in which to file a brief, filed by Todd Tomchak.
10/04/2011 #5 RE#2: Extension to 01/17/2012 granted for filing of brief of Todd Tomchak, Defendant/Appellant. Notice to counsel.
01/17/2012 #6 MOTION to extend brief & appendix due date, filed by Todd Tomchak.
01/18/2012 #7 RE#3: Extension to 02/16/2012 granted for filing of brief of Todd Tomchak, Defendant/Appellant. No further extensions of time shall be anticipated. Notice to counsel.
02/23/2012 #8 MOTION to file late, filed by Todd Tomchak.
02/23/2012 #9 RE#4: Allowed this date for filing of brief of Todd Tomchak, Defendant/Appellant. Notice to counsel.
02/22/2012 #10 SERVICE of brief & appendix for Defendant/Appellant Todd Tomchak.
03/26/2012 SERVICE of brief for Plaintiff/Appellee Commonwealth.
07/11/2012 Notice sent seeking information on unavailability for oral argument in September 2012
08/03/2012 Notice sent seeking information on unavailability for oral argument in October 2012
08/07/2012 Letter of Kathleen Putney Towers, Esquire unavailable for oral argument 10/15-10/19.
09/11/2012 Notice sent seeking information on unavailability for oral argument in November 2012
09/12/2012 Letter of Elizabeth Anne Sweeney, A.D.A. unavailable for oral argument November 5, 12, 19, 20 and 26th.
10/12/2012 Notice sent seeking information on unavailability for oral argument in December 2012
10/12/2012 MOTION to Dismiss, Suggestion of Death, filed by Todd Tomchak.
10/25/2012 ORDER: Counsel for the defendant, Todd Tomchak, having suggested that the defendant died while his 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 "[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 Falmouth District Court in case number 1189CR000002 is vacated. The case is remanded to the Falmouth District Court, where that indictment shall be dismissed. (Katzmann, Hanlon & Sullivan, JJ.). *Notice/Attest.