COMMONWEALTH vs. CARLOS MONTIFUSCO 2004-P-1248 Court Case Public Record
Counsel Name Type
Elin H. Graydon, A.D.A. Catherine L. Semel, A.D.A.
John C. McBride, Esquire Inactive Dorothy A. Mele, CPCS assignment supervisor Inactive Robert A. O'Meara, Esquire Withdrawn Adam T. Narris, Esquire
DOCKET ENTRIES Entry Date Paper Entry Text 09/09/2004 #1 Transcripts received: vols: 8; sets: 2 in Clerk's envelope. 09/09/2004 #2 Entered. 10/12/2004 #3 MOTION to extend brief and appendix due date of Carlos Montifusco. 10/12/2004 #4 RE#2: Extension to 12/02/2004 granted for filing of brief of Carlos Montifusco, Defendant/Appellant. *Notice. 12/02/2004 #5 MOTION to extend brief and appendix due date of Carlos Montifusco. 12/03/2004 #6 RE#3: As leave for filing a motion for new trial has been neither sought nor granted, the within is denied without prejudice to renewal stating some other "good cause" for the extension request. See Commonwealth v. Montgomery 53 Mass. Appt. Ct. 350 (2001). Notice 12/07/2004 #7 MOTION to extend brief & appendix due date, filed by Carlos Montifusco. 12/08/2004 #8 RE#4: Motion denied without prejudice to the filing of a motion to withdraw which indicates, and provides service to the defendant's last known address. *Notice. 12/10/2004 #9 Letter from Carlo Montefusco re: Attorney McBride has asked to withdraw as appellate counsel. 12/13/2004 #10 RE#5: Treating the within as a request for an order that counsel visit the appellant, it is denied. (Green, J.) Notice. 12/27/2004 #11 Motion to discharge counsel and for the appointment of new counsel filed by Carlos Montifusco. 12/29/2004 #12 RE#6: Counsel cannot be appointed absent indigency status. Mr. Montefusco is to file a completed affidavit of indigency on or before 1/12/05. Appellate proceedings stayed to 1/12/05. (Green, J.) *Notice. 01/10/2005 #13 MOTION to stay, filed by Carlos Montifusco. 01/10/2005 #14 RE#7: The within is treated as a motion to dismiss counsel and for counsel to be appointed, and, as such, both requests for relief are allowed; Attorney McBride is struck from the docket and CPCS is to select successor counsel. Appellate proceedings are stayed to 2/10/05 for the appearance of counsel or a status report filed by CPCS. *Notice/Carlos Montifusco. 01/10/2005 #15 MOTION to waive entry fee, filed by Carlos Montifusco. 01/10/2005 #16 RE#8: No action necessary. *Notice/Carlos Montifusco. 01/10/2005 #17 Notice: CPCS to assign counsel for Carlos Montifusco. Assignment# C 2913980-6, (Lenk, J.) *Notice/Carlos Montifusco. 01/14/2005 #18 Letter of C.P.C.S. re assignment of Robert A. O'Meara, Esquire as counsel for Carlos Montifusco. 03/07/2005 #19 Notice preceding dismissal: Rule 17A. 03/14/2005 #20 Letter from Carlo Montifusco requesting copy of docket sheet. 03/14/2005 #21 RE#11 Copy of docket sent to defendant. The court notes that Atty O'Meara has filed an appearance but not filed a status report or motion to establish a briefing schedule and that Step One of Standing Order 17A entered on 3/7/05. *Notice. 03/15/2005 #22 MOTION to stay, filed by Carlos Montifusco.