Supreme Judicial Court - January 10, 2012
Facts: Defendant was convicted in the Superior Court Department of statutory rape. Immediately before sentencing, defendant moved for a stay of execution of sentence pending appeal. The Superior Court denied the motion and the Defendant filed a motion in the Appeals Court to stay execution of sentence. A single justice of the Appeals Court denied the motion for a stay without hearing or findings. After the appeal from the underlying convictions was docketed in the Appeals Court, the Defendant filed an application for direct appellate review which was granted. The appeal was subsequently transferred and docketed in the Supreme Judicial Court. The Defendant then filed a motion for stay of execution of sentence before a single justice of the Supreme Judicial Court. The motion was allowed and the Commonwealth appealed.
Issue: Whether a defendant whose motion for a stay of execution was denied by the Appeals Court, may file another motion to stay the execution of his sentence before a single justice of the Supreme Judicial Court after direct appellate review is granted by that court.
Yes. Under Massachusetts law, a defendant is entitled to appeal from the trial judge's denial of a motion to stay the execution of sentence to a single justice of the appellate court “to which the appeal is being taken,” Mass. R.A.P. 6(b)(1), and “that will hear the appeal.” Mass. R.Crim. P. 31(b). A single justice of the court that will decide the appeal is in the best position to determine whether there is some reasonable probability that the defendant will prevail on appeal. See G.L. c. 211A, §§10 and 11.
Conclusion: Therefore, it is not an abuse of discretion for a single justice of the Supreme Judicial Court, to which the appeal has been taken, to consider de novo the defendant's motion for a stay of execution of sentence pending appeal, or impose bail and conditions of release. Affirmed. (H.G.)
