holding that a Rule 29 motion filed prior to DeJesús was “defective in that it was not accompanied by the required affidavit as specified by [R]ule 29(b), did [not] adequately state the grounds for relief in order to be considered properly filed”
Summary of this case from Holmes v. SpencerNo. 04-P-500.
March 9, 2005.
Decision Pursuant to Rule 1:28.
Order allowing motion to revise and revoke sentence reversed.
holding that a Rule 29 motion filed prior to DeJesús was “defective in that it was not accompanied by the required affidavit as specified by [R]ule 29(b), did [not] adequately state the grounds for relief in order to be considered properly filed”
Summary of this case from Holmes v. SpencerFull title:COMMONWEALTH vs. ROY GLOVER
Court:Appeals Court of Massachusetts
Date published: Mar 9, 2005
ecide whether to apply DeJesús retroactively, see Artuz, 531 U.S. at 8, 121 S.Ct. 361, and Massachusetts law…