COMMONWEALTH v. HARTSGROVE


407 Mass. 441 (1990)

553 N.E.2d 1299

COMMONWEALTH vs. CLIFTON HARTSGROVE.

Supreme Judicial Court of Massachusetts, Norfolk.

May 17, 1990.


Attorney(s) appearing for the Case

Chrystal Murray, Committee for Public Counsel Services (Carol A. Donovan, Committee for Public Counsel Services, with her) for the defendant.

Stephanie Martin Glennon, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


LIACOS, C.J.

We consider whether a pro se defendant, incarcerated in a correctional facility, shall be deemed to have filed a notice of appeal with the trial court at the moment he deposited it in the prison's institutional mailbox. The defendant claims to have placed the notice, which was in a stamped envelope addressed to the Superior Court clerk for Norfolk County, into the hands of the prison authorities within the thirty-day period as specified in Mass. R.A.P...

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