Commonwealth v. Ennis

In Commonwealth v. Ennis, 439 Mass. 64 (2003), we reversed an order of suppression on an interlocutory appeal filed by the Commonwealth. Approximately seven months after the rescript issued, Demetrius Ennis filed a motion for an award of appellate attorney’s fees and costs, pursuant to Mass. R. Crim. R 15 (d), as appearing in 422 Mass. 1501 (1996). Ennis also filed an affidavit from counsel setting forth counsel’s hourly rate and the number of hours spent working on the appeal. The Commonwealth filed an opposition, arguing that Ennis’s request is untimely because it should have been made in…