Commonwealth v. Phinney

In Commonwealth v. Phinney, 446 Mass. 155 (2006), we affirmed an order of a judge in the Superior Court granting the defendant’s postrescript motion for a new trial in this capital case. We noted in the opinion, id. at 168 n.17, that, *622while the appeal was pending, the defendant had filed a motion for appellate attorney’s fees and costs pursuant to Mass. R. Crim. P. 30 (c) (9), as appearing in 435 Mass. 1501 (2001). We deferred acting on the motion at that time, so as to give both sides the opportunity to submit additional material on the matter of fees and costs. Id. The matter is now ripe…