Pope v. CommonwealthAnnotate this Case
The Supreme Judicial Court dismissed in part and affirmed in part the judgment of the single justice of the court denying Petitioners' petition filed under Mass. Gen. Laws ch. 211, 3 seeking a stay of execution of their sentences pending decisions on their motions for a new trial, holding that the single justice did not err.
Joseph Pope and Floyd Hamilton (together, Petitioners) were each convicted of murder in the first degree and armed robbery. Both petitioners filed second motions for a new trial and a motion to stay execution of sentence pending decision thereon. After the superior court denied the motions Petitioners' motions to stay, Petitioners brought this Mass. Gen. Laws ch. 211, 3 petition. The single justice denied relief without a hearing. The Supreme Judicial Court held (1) Pope's appeal from the single justice's judgment was moot; and (2) the single justice did not err by denying a stay of Hamilton's sentence pending decision on his motion for a new trial.