Burnham v. Commonwealth

A single justice of this court denied Burnham relief from an order of the trial court that had denied a stay of execution of sentence pending appeal. A stay was denied because the defendant had not diligently perfected his appeal. See Mass. R. Crim. P. 31 (b), 378 Mass. 902 (1979). The sentence was the imposition of a fine. On his appeal from the judgment of the single justice, the defendant has failed to meet the requirement of S.J.C. Rule 2:21, 421 Mass. 1303 (1995), that he show why appellate review of the trial court’s decision cannot provide adequate relief. Abatement of the fine, if the…