Posts tagged "1014716"

Commonwealth v. Baratieri (Lawyers Weekly No. 10-147-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

 

SJC-12065

COMMONWEALTH  vs.  GILMAR BARATIERI.

September 12, 2016.

Supreme Judicial Court, Superintendence of inferior courts.  BailSurety.

Queila Alcedina Lopes and Angelina Placido acted as sureties for the defendant, Gilmar A. Bartieri, in the District Court, and posted a total of $ 50,000 in bail on his behalf.[1]  After Baratieri subsequently failed to appear for a hearing on March 30, 2015, a judge ordered the bail forfeited.  Prior to that, the sureties had filed a motion for return of bail, on the basis that Baratieri could not appear for the hearing because he was in Federal custody, on an Immigration and Customs Enforcement detainer.[2]  The motion was denied.  The sureties then filed a petition pursuant to G. L. c. 211, § 3, in the county court, asking the court to order return of bail.  A single justice denied the petition, and the sureties filed a notice of appeal. read more

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Posted by Massachusetts Legal Resources - September 13, 2016 at 5:53 am

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