Stegemann v. Commonwealth
Stegemann v. Commonwealth
Opinion of the Court
In 2003, a Superior Court jury convicted Joshua G. Stegemann on a series of drug-related indictments. The Appeals Court reversed the judgments on certain indictments but affirmed the judgments on others. Commonwealth v. Stegemann, 68 Mass. App. Ct. 292 (2007). Thereafter, the trial judge allowed a joint motion to revise and revoke Stegemann’s sentence, and he was resentenced.
In September, 2009, the judge denied Stegemann’s motion for enforcement of judgment or, in the alternative, to correct the sentence. Stegemann filed a notice of appeal from the denial of that motion, and that appeal is currently pending in the Appeals Court.
Stegemann has filed a memorandum and appendix pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001), which requires him to “set forth the reasons why review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means.” Rule 2:21 does not apply here, however, because Stegemann does not challenge any interlocutory ruling of the trial court. Nonetheless, on the record before us, it is evident that the single justice neither erred nor abused his discre
While Stegemann alleges that a direct appeal is not an effective remedy — because the Appeals Court may not act before the date he alleges he will be eligible for parole, for example — nothing in the record before the single justice supports his speculation about the expediency with which the Appeals Court will decide his appeal, or otherwise persuades us that the single justice erred in declining to exercise this court’s extraordinary power of general superintendence.
Judgment affirmed.
The judge also granted Stegemann leave to appeal his sentence to the Appellate Division of the Superior Court.
The Appeals Court’s docket indicates that the appeal has been fully briefed.
Stegemann may, of course, move to expedite his appeal in the Appeals Court or otherwise bring his concerns to that court’s attention.
Reference
- Full Case Name
- Joshua G. Stegemann v. Commonwealth
- Status
- Published