Court Case Record Commonwealth vs. Gerry Harley 2010-P-1323

Commonwealth vs. Gerry Harley Court Case Record

Court Case Number: 2010-P-1323

Case Number2010-P-1323
Case TitleCommonwealth vs. Gerry Harley
Case TypeCriminal
StateMassachusetts, MA
CourtHampden Superior Court
Court Address
Field Date08/28/2007
Close Date11/17/2010


Jane Davidson Montori, A.D.A.CommonwealthPlaintiff/Appellee
Matthew V. Soares, EsquireGerry HarleyDefendant/Appellant
Entry Date Paper Entry Text
07/29/2010 #1 Transcripts received: vols: 5; sets: 2.
07/29/2010 #2 Entered.
07/29/2010 #3 Notice of entry sent.
09/01/2010 #4 MOTION to extend brief & appendix due date, filed by Gerry Harley.
09/01/2010 #5 RE#3: Allowed to 11/10/10. Notice
11/10/2010 #6 MOTION to Dismiss R. 29(B), filed by Gerry Harley.
11/17/2010 ORDER: "The defendant having died while his direct appeal was pending, as evidenced by a copy of his death certificate filed by his counsel, said suggestion of death not being challenged by the Commonwealth, the indictments must be dismissed. See Commonwealth v. Eisen, 368 Mass. 813 (1975); Commonwealth v. De La Zerda, 416 Mass. 247, 248-249 (1993). Accordingly, the judgment of the Hampden County Superior Court in docket number HDCR2007-01068 is vacated. The case is remanded to The Hampden Superior Court, where the indictments shall be dismissed." (Kantrowitz, Kafker & Sikora, JJ.) *Notice/attest/image.
11/17/2010 RE#4 See order of remand entered this date. *Notice.