seal

Court Case Record COMMONWEALTH vs. TROY O. MAHLER 2003-P-0826 UID(972a)


COMMONWEALTH vs. TROY O. MAHLER Court Case Record

Court Case Number: 2003-P-0826


 
Case Number2003-P-0826
Case TitleCOMMONWEALTH vs. TROY O. MAHLER
Case TypeCriminal
StateMassachusetts, MA
CountyFalmouth District BA
CourtFalmouth District Court BA
Court Address
Phone
Field Date06/03/2002
Close Date11/30/2005

Parties

CounselNameType
Julia K. Holler, A.D.A.CommonwealthPlaintiff/Appellee
Graham Koblenzer, EsquireTroy O. MahlerDefendant/Appellant
DOCKET ENTRIES
Entry Date Paper Entry Text
06/16/2003 #1 Transcripts received: vols: 1; sets: 2 in Clerk's envelope.
03/19/2004 #2 Transcripts received: vols: 1; sets: 2 in Clerk's envelope. (Hearing of 1/13/04, before Judge Don L. Carpenter) Transferred from 04-P-407.
06/16/2003 #3 Entered.
07/30/2003 #4 MOTION to stay pending disposition of motion for new trial filed by Troy O. Mahler.
07/30/2003 #5 RE#2: Denied. See Commonwealth v. Montgomery 53 Mass. App. Ct. 350 (2001). Once the appeal is docketed, the lower court lacks jurisdiction to act upon a new trial motion absent specific leave to do so. Notice.
08/04/2003 #6 MOTION to extend brief & appendix due date, filed by Troy O. Mahler, w/attach.
08/05/2003 #7 RE#3: Allowed to 10/10/2003 for filing of brief of Troy O. Mahler, Defendant/Appellant. Notice to counsel.
08/18/2003 #8 Motion to reconsider paper #2, filed by Troy O. Mahler.
08/18/2003 #9 RE#4: Denied without prejudice to renewal indicating whether C.P.C.S. has approved the pursuing of a motion for new trial by counsel and where said motion is anticipated to be filed. *Notice.
09/03/2003 #10 Renewal of Motion to reconsider paper #2 filed by Troy O. Mahler.
09/04/2003 #11 RE#5 The defendant is granted leave to file and prosecute his motion for new trial in the District Court. Appellate proceedings are stayed to 10/15/03. Defendant to file a status report by then indicating the motion has been filed. (McHugh, J.) *Notice/attest.
10/15/2003 #12 Status report filed by Troy O. Mahler.
10/16/2003 #13 RE#6: Case STAYED to 11/14/2003. Status report due 11/14/03 on status of the motion for a new trial & counsel's efforts to expedite its resolution. *Notice.
11/17/2003 #14 Status Report filed by Troy O. Mahler.
11/18/2003 #15 RE#7: Appellate proceedings stayed to 12/16/03. Status report due 12/16/03 or upon earlier decision on the new trial motion. *Notice.
12/17/2003 #16 Status report filed by Troy O. Mahler.
12/17/2003 #17 RE#8: Noted. Appellate proceedings are further STAYED to 01/20/04. A status report is due that date indicating that the 1/13 scheduled hearing was held and any action on the pending motion for new trial. Notice.
01/20/2004 #18 Status report filed by Troy O. Mahler.
01/20/2004 #19 RE#9: Case STAYED to 02/20/2004. Status report due that date stating whether the District Court has ruled on the motion for new trial after the 1/13/04 evidentiary hearing. *Notice.
02/19/2004 #20 Status Report filed by Troy O. Mahler.
02/20/2004 #21 RE#10: The defendant's appeal from the denial of the motion for new trial is hereby consolidated with the within appeal with no further necessity of assembly of the record. The trial court is to send two updated copies of the docket entries to this court forthwith. Appellate proceedings are further stayed to 3/31/04 by when defendant is to file a status report as to the transcript of the evidentiary hearfing of the motion for new trial. (McHugh, J.) *Notice/Attest.
04/28/2004 ORDER: "The entry of the above-captioned appeal (04-P-407) from the order denying the defendant's motion for a new trial is vacated as it was assembled and entered in error. The appeal from the order denying the motion for a new trial had earlier been consolidated with the appeal from the judgment in 03-P-826. The assembly originally docketed in 04-P-407, including 2 sets of a 1 volume transcript, has been transferred to the file of 03-P-826. All future filings are to be submitted under docket number 03-P-826 only. *Notice/Attest/Image.

Last Viewed