Polk v. Commonwealth

The issue presented in this case is whether William Polk (defendant), whose motion to stay the execution of his sentence was denied by a single justice of the Appeals Court, may file another motion to stay the execution of his sentence before a single justice of the Supreme Judicial Court after direct appellate review is granted. We conclude that he may so proceed, and that the single justice may elect to consider de novo the defendant’s application for a stay. Because we conclude that the single justice did not abuse his discretion in allowing the defendant’s motion to stay the execution of…