Burnham v. Commonwealth
This text of 664 N.E.2d 1194 (Burnham v. Commonwealth) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
A single justice of this court denied Burnham relief from an order of the trial court that had denied a stay of execution of sentence pending appeal. A stay was denied because the defendant had not diligently perfected his appeal. See Mass. R. Crim. P. 31 (b), 378 Mass. 902 (1979). The sentence was the imposition of a fine. On his appeal from the judgment of the single justice, the defendant has failed to meet the requirement of S.J.C. Rule 2:21, 421 Mass. 1303 (1995), that he show why appellate review of the trial court’s decision cannot provide adequate relief. Abatement of the fine, if the appeal is successful, would provide adequate relief.
Judgment affirmed.
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Cite This Page — Counsel Stack
664 N.E.2d 1194, 422 Mass. 1013, 1996 Mass. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burnham-v-commonwealth-mass-1996.