Commonwealth v. Barboza

The Commonwealth filed its present appeal after a single justice of this court allowed the defendant’s motion to extend the time for filing his notice of appeal. The Commonwealth claims that the notice was improperly allowed under Mass.R.A.P. 14 (b), as amended, 378 Mass. 939 (1979), because the defendant failed to establish “good cause” as required. The reason given by appellate counsel for the absence of a timely notice of appeal was that trial counsel had timely drafted and mailed a notice of appeal, but counsel did not follow up with the clerk to make sure it was received and docketed…