Commonwealth v. Sheffield

Massachusetts Appeals Court

Commonwealth v. Sheffield

399 N.E.2d 510, 9 Mass. App. Ct. 836, 1980 Mass. App. LEXIS 990

DecidedJanuary 29, 1980

StatusPublished

This text of 399 N.E.2d 510 (Commonwealth v. Sheffield) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Sheffield, 399 N.E.2d 510, 9 Mass. App. Ct. 836, 1980 Mass. App. LEXIS 990 (Mass. Ct. App. 1980).

Pincite

Opinion

The appeal is from the order of a single justice denying the relief sought by the defendant under G. L. c. 279, § 4 (as most recently amended by St. 1979, c. 344, § 49), and Mass.R.Crim.P. 31(a), 378 Mass. 902 (1979). A perusal of the record before the single justice, of his order and of the twenty-seven lines of argument in the defendant’s brief on appeal leaves us unpersuaded that the single justice erred in concluding that “the [defendant] has not demonstrated a reasonable likelihood of success on appeal as that standard is defined in Commonwealth v. Levin, 7 Mass. App. Ct. 501, 503 (1979), and Commonwealth v. Allen, 378 Mass. 489,499 (1979), so as to warrant a stay.”

Order affirmed

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The appeal is from the order of a single justice denying the relief sought by the defendant under G. L. c. 279, § 4 (as most recently amended by St. 1979, c. 344, § 49), and Mass.R.Crim.P. 31(a), 378 Mass. 902 (1979). A perusal of the record before the single justice, of his order and of the twenty-seven lines of argument in the defendant’s brief on appeal leaves us unpersuaded that the single justice erred in concluding that “the [defendant] has not demonstrated a reasonable likelihood of success on appeal as that standard is defined in Commonwealth v. Levin, 7 Mass. App. Ct. 501, 503 (1979), and Commonwealth v. Allen, 378 Mass. 489,499 (1979), so as to warrant a stay.”

Order affirmed

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Bluebook (online)

399 N.E.2d 510, 9 Mass. App. Ct. 836, 1980 Mass. App. LEXIS 990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-sheffield-massappct-1980.

Opinion

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