Commonwealth v. McDermott
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The Supreme Judicial Court affirmed the order of the single justice of the appeals court denying Defendant's motion to stay his sentence pending appeal of his motion for a new trial, holding that Defendant presented a serious flight risk.
Defendant was convicted of murder in the first degree and sentenced to a term of life imprisonment. On October 26, 2020, Defendant filed a second motion for a new trial and a motion to stay the execution of his sentence, seeking release due to COVID-19 concerns. The superior court denied the motion to stay, concluding that Defendant did not satisfy any of the factors set forth in Commonwealth v. Nash, 486 Mass. 394 (2020). Thereafter, Defendant filed a motion to stay with a single justice in the appeals court. The single justice concluded that Defendant was a flight risk and that COVID-19 concerns did not support a different result because Defendant had already been vaccinated against COVID-19. The Supreme Judicial Court affirmed, holding that the single justice properly denied Defendant's motion to stay his sentence pending appeal of his motion for a new trial.
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