Legal Opinion
Commonwealth v. Montgomery
Massachusetts Appeals Court
Decided December 5, 2001No. 00-P-1558PublishedCited by 6 opinions
1Opinion of the CourtJacobs, J.
We confirm in this case that a trial court may not act upon a motion for a new trial under Mass.R.Crim.P. 30(b), 378 Mass. 900 (1979),1 or any related motion, while the defendant’s direct appeal is pending in this court.
Background. After he was convicted in the Superior Court on charges of sexual abuse of his daughter, the defendant filed a notice of appeal on August 11, 1998. That appeal was entered in *351this court on July 22, 1999, and was recently the subject of a decision affirming the convictions. See Commonwealth v. Montgomery, 52 Mass. App. Ct. 831 (2001).
On December 28, 1999, well after…
2Cases cited10 opinions
- Commonwealth v. CurtisMassachusetts Supreme Judicial Court · 1994
- Commonwealth v. CronkMassachusetts Supreme Judicial Court · 1985
- Aldoupolis v. CommonwealthMassachusetts Supreme Judicial Court · 1982
- Commonwealth v. HalletMassachusetts Supreme Judicial Court · 1998
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1981
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Commonwealth v. AdkinsonMassachusetts Supreme Judicial Court · 2004
- Newell v. Department of Mental RetardationMassachusetts Supreme Judicial Court · 2006
- Commonwealth v. DowneyMassachusetts Appeals Court · 2003
- Commonwealth v. WilliamsMassachusetts Appeals Court · 2007
- Holmes v. AndersonMassachusetts Appeals Court · 2018
1 more not listed; retrieve them via the Exa API.