Court Case Record COMMONWEALTH vs. WILLIAM MERRY 2011-P-1980


Court Case Number: 2011-P-1980

Case Number2011-P-1980
Case TypeCivil
StateMassachusetts, MA
CourtPlymouth Superior Court
Court Address
Field Date03/21/2005
Close Date12/04/2012


Robert C. Thompson, A.D.A. Kristin Freeman, A.D.A.CommonwealthPlaintiff/Appellee
Brad P. Bennion, EsquireWilliam MerryDefendant/Appellant
Entry Date Paper Entry Text
11/18/2011 #1 Transcripts received: volumes: 1; sets: 1 (on CD) in Clerk's envelope.
11/18/2011 #2 Motion to waive entry fee, filed by William Merry, is allowed.
11/18/2011 #3 Entered.
11/18/2011 #4 Notice of entry sent.
01/03/2012 #5 MOTION to extend brief & appendix due date, filed by William Merry.
01/03/2012 #6 RE#3: Extension to 01/17/2012 granted for filing of brief of William Merry, Defendant/Appellant. Notice to counsel.
01/04/2012 #7 SERVICE of brief & appendix, exhibits-5 sets and transcript-2 sets for Defendant/Appellant William Merry.
02/02/2012 #8 Notice of appearance of Kristin Freeman for Commonwealth.
02/06/2012 #9 MOTION to extend brief due date of Commonwealth.
02/09/2012 #10 RE#6: Extension to 03/16/2012 granted for filing of brief of Commonwealth, Plaintiff/Appellee. Notice to counsel.
03/21/2012 #11 MOTION to accept late filing of Commonwealth.
03/22/2012 #12 RE#7: Allowed this date for filing of brief of Commonwealth, Plaintiff/Appellee. Notice to counsel.
03/21/2012 SERVICE of brief for Plaintiff/Appellee Commonwealth.
04/05/2012 ORDER: The Superior Court's docket designated this caseas "not public information." Consequently, upon the entry ofthis appeal in the Appeals Court, the case was designated as fully impounded. See SJC Rule 1:15, § 2(b). Upon review, however, it appears that the case should not be impounded because it is the respondent's appeal from his civil commitment as a sexually dangerous person, per G. L. c. 123A, 14(d), and cases of this nature are not required to be impounded by the statute. Further, the Superior Court's docket contains no order of a judge impounding the case, see Trial Court Rule VIII, Rule 8, and the Superior Court's notice of assembly did not include a copy of any order of impoundment, see S.J.C. Rule 1:15, § 2(a). For these reasons, it appeared that the impounded designation for the appeal should be removed, and the case be placed on the public docket. Each party is granted until fifteen days from the entry date of this order to serve and file a letter in response to this order that states any objection to the removal of the impounded designation, and the legal grounds for such objection. In addition, the letters should identify what, if any, information is contained in the parties' briefs and record appendix that must be redacted or impounded. See G. L. c. 265, § 24C; Mass.R.A.P. 16 (d), as amended, 425 Mass 1601 (1997), 16(m), 425 Mass. 1601 (1997) and 18 (g), 425 Mass. 1602 (1997).*Notice/Attest.
07/11/2012 Letter from Kristin Freeman, A.D.A. re: unavailable on September 4 and September 10.
07/11/2012 Notice sent seeking information on unavailability for oral argument in September 2012
07/25/2012 Notice of 09/06/2012, 9:30 AM argument at John Adams Courthouse, Courtroom 3 (a3) sent.
09/06/2012 Oral argument held. (Grasso, J., Kantrowitz, J., Graham, J.).
10/02/2012 Decision: Rule 1:28 Judgment affirmed. (Grasso, Kantrowitz, Graham, JJ.). *Notice.
10/22/2012 Copy of FAR application of William Merry.
12/03/2012 FAR DENIED (on 11/29/2012).
12/04/2012 RESCRIPT to Trial Court.