1. Home
  2. Browse Decisions
  3. Mass.
  4. 53 Mass.
  5. 53 Mass. App. Ct. 350 (2001)
 

COMMONWEALTH v. MONTGOMERY

No. 00-P-1558.

53 Mass. App. Ct. 350 (2001)

COMMONWEALTH v. EARL C. MONTGOMERY.

Court of Appeals of Massachusetts, Suffolk.

December 5, 2001.

Attorney(s) appearing for the Case

Alexander M. Esteves for the defendant.

Paul B. Linn, Assistant District Attorney (David A. Deakin, Assistant District Attorney, with him) for the Commonwealth.

Present: JACOBS, GILLERMAN, & CYPHER, JJ.

JACOBS, J.

We confirm in this case that a trial court may not act upon a motion for a new trial under Mass.R.Crim.P. 30(b), 378 Mass. 900 (1979),1 or any related motion, while the defendant's direct appeal is pending in this court.

Background. After he was convicted in the Superior Court on charges of sexual abuse of his daughter, the defendant filed a notice of appeal on August 11, 1998. That appeal was entered in

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases