Hernandez v. Commonwealth

668 N.E.2d 843, 423 Mass. 1012, 1996 Mass. LEXIS 211

• Court: Massachusetts Supreme Judicial Court
• Decided: August 16, 1996
• Status: Published

Opinion

Jose Hernandez (defendant) unsuccessfully sought a stay of proceedings in the Appeals Court pending a decision on his motion under Mass. R. Crim. P. 30 (b), 378 Mass. 900 (1979), for a new trial. A single justice of this court denied his request for relief under G. L. c. 211, § 3 (1994 ed.), and he then sought review in the full court under S.J.C. Rule 2:21, 421 Mass. 1303 (1995).

The case was submitted on the papers filed, accompanied by a memorandum of law. Jose Hernandez, pro se. S. Jane Haggerty, Assistant District Attorney, for the Commonwealth.

The appeal from which the defendant sought a stay was the subject of oral argument in the Appeals Court on April 18, 1996.¹ The defendant has not demonstrated what remedy, if any, could have been obtained thereafter from either the single justice or from this court.

Judgment affirmed.

1 We note that the Appeals Court issued a memorandum and order pursuant to its rule 1:28 on July 29, 1996, affirming the judgment. Commonwealth v. Hernandez, 41 Mass. App. Ct. 1101 (1996).