COMMONWEALTH vs. JEAN MURPHY-GILBERT 2006-P-0112 Court Case Public Record
Counsel Name Type
Robert C. Cosgrove, A.D.A.
Susanna B. Chilnick, Esquire
DOCKET ENTRIES Entry Date Paper Entry Text 01/24/2006 #1 Transcripts received: vols: 3; sets: 2 in Clerk's envelope. 01/24/2006 #2 Prior A.C. cases involving same parties: 2005-P-1335. 01/24/2006 #3 Entered. 01/24/2006 #4 Notice of entry sent. 03/06/2006 #5 MOTION to stay filing brief in the Appeals Court, filed by Jean Murphy-Gilbert. 03/08/2006 #6 RE#2: Case STAYED to 04/07/2006. Status report due that date to indicate specifically how much of the transcript needs to be corrected and counsel's plan and estimated time necessary to correct the transcripts. *Notice. 04/10/2006 Status report filed by Jean Murphy-Gilbert. 04/11/2006 RE#3: Appellate proceedings stayed to 5/11/06, to allow defendant to file the motion to correct the record or clarify inaudibles on the trial transcript. Status report due by 5/11/06 as to progress on the motion and the Commonwealth's position. *Notice/Attest/Buckley, J. 05/12/2006 Status Report filed by Jean Murphy-Gilbert. 05/12/2006 RE#4: Appellate proceedings are further stayed to 05/30/06. Counsel is to file a status report regarding the motion on or before that date. *Notice/attest/Buckley, J.. 05/30/2006 Status report filed by Jean Murphy-Gilbert. 05/31/2006 RE#5: The purpose of the stay of appellate proceedings was to correct the record. Counsel did not seek leave of this Court to file, or for the trial court to act upon a motion for new trial. See Commonwealth v. Montgomery, 53 Mass. App. Ct. 350 (2001). However, since the trial court has scheduled a hearing on the motion, such leave is granted nunc pro tunc. Proceedings further stayed to 6/30/06. Status report to be filed on or before that date. *Notice/Attest/Buckley, J. 07/05/2006 MOTION to vacate stay of appellate proceedings and withdraw appeal filed by Jean Murphy-Gilbert. 07/06/2006 RE#6: Allowed. Appeal is dismissed with prejudice per the within affidavit of counsel pursuant to M.R.A.P. 29(b). *Notice/Attest/Image.