NO. SJC-10824 PURSUANT TO GLC 211, 5 3 FROM ... - Mass Cases

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On December 15, 2009, after a jury trial, defendant was found guilty of burglary, larceny, Larceny, and attempt to commit a crime (R.A. "17", nos. 216-219), and after a subsequent jury hearing defendant was sentenced as an habitual offender to 20 years for burglary, 5 years for larceny, and 2 years probation for attempt to commit a crime (K.A. "17-18"). On August 26, 2010, defendant filed with the II Single Justice a Motion Requesting Leave to Re- instate Appeal," and on September 17, 2010, a "Motion To File Late Appeal From Petition To Supreme Judicial Court For Relief Pursuant To G.L.c. <strong>211</strong>, 8 3, From A Superior Court Order Requiring Petitioner to Wear A Global Positioning System (GPS) Device As A Condition of His Release On Bail," which was allowed by the Single Justice (Cordy, J.)(R.A. "41"). On October 25, 2010, defendant's "Motion To Enter Appeal On Docket Before The Full Supreme 1, Judicial Court, was allowed (R.A. "42"). On Decemebr 13, 2010, defendant's "Motion To Extend Time To File Brief To January 20, 2011," was allowed (R.A. "43"). 4
STATEMENT aF FACTS On January 6, 2008, defendant was arrested at the scene of an alleged early morning housebreak, and subsequently charged with burglary, larceny, resisting. arrest, and possession.of burglarious tools. On January 8, 2008, defendmt was arraigned in Cambridge District Court, and held in custody in lieu of bail. On February 7, 2008, defendant was indicted by. a Middlesex County grand jury (nos. 2008-00164, 001-008). .an February 25,'.2008, aGfendant was arraigned- in Middlesex .Superior Court, and upon the Commonwealth's 'request, the defendant was held in custody on '$25,000.00 cash bail (R.A. "3"). Most significant was the fact that the defendant was allowed to proceed "Pro Se" in representing himself in all aspects of his criminal case after he received a full colloquy from the court (Gershengorn, J.)(R.A. "3", no. From March 25, 2008, through July 10, 2009 the Pro Se defendant filed discovery motions and requests to interview the Commonwealth's witnesses (R.A. "3-12", nos. 14-152). However, the Commonwealth 5
Page 1 and 2: COMMONWEALTH OF MASSACHUSETTS (1 of
Page 3 and 4: Case Laws Commonwealth v. Adkinson
Page 5 and 6: Case Laws Guiney v. Police Comm'r o
Page 7 and 8: Massachusetts Constitution Article
Page 9 and 10: I S S U E S P R E S E N T E D 1. WH
Page 11 and 12: STATEMENT OF PRIOR PROCEEDINGS On F
Page 13: On September 8, 2009, while on bail
Page 17 and 18: of bail whereas the defendant was a
Page 19 and 20: On September 8, and 18, 2009, the P
Page 21 and 22: that he was - not a convicted sex o
Page 23 and 24: else he would be setting himself up
Page 25 and 26: which, remarkably, contained a list
Page 27 and 28: who threatened the defendant with a
Page 29 and 30: As a result of three months of cons
Page 31 and 32: phone call to the defendant from a
Page 33 and 34: A R G U M E N T S 1. WHERE A COURT
Page 35 and 36: A R G U M E N T S 2. WHERE PRETRIAL
Page 37 and 38: In Emelio E, V. Commonwealth, 453 M
Page 39 and 40: admitted to facts u€ficient for s
Page 41 and 42: constitutional danger, because it f
Page 43 and 44: defense); McKaskle v. Wigpins, 465
Page 45 and 46: Art. 14 Declaration of Rights, Mass
Page 47 and 48: Here, where Aldrich was released on
Page 49 and 50: R, Governmental GPS monitoring trac
Page 51 and 52: Here, in the non fiction, Aldrich n
Page 53 and 54: 3. WUERE DEFENDANT WAS ALLOWED TO P
Page 55 and 56: of trial (R.A. "49-50"), in violati
Page 57 and 58: Thus, where the lower court incorre
Page 59 and 60: "52-62"), and out of fear and intim

NO. SJC-10824 PURSUANT TO GLC 211, 5 3 FROM ... - Mass Cases

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