Commonwealth v. De'Amicis

Summary

The Massachusetts Supreme Judicial Court held that the heightened indigency requirements in G. L. c. 261, § 29, do not apply to an inmate appealing from a commitment as a sexually dangerous person. The court held that G. L. c. 261, § 27D, governs appeals from denials of fee-waiver requests, including the applicable seven-day filing period. The matter was remanded to determine when proper notice of the denial and right to appeal was provided and whether the appeal was timely.

Holdings

1. The heightened indigency procedures in § 29 do not apply when an inmate appeals from an action brought against him, including an appeal from his commitment as a sexually dangerous person. The inmate's indigency is instead governed by the general definition in § 27A.
2. G. L. c. 261, § 27D, governs an appeal from denial of a request for waiver, substitution, or payment of fees, including an appeal from an Appeals Court single justice's denial of an appellate fee waiver. The appeal must be filed within seven days after proper notice of the denial and the right to appeal.

Questions Presented

1. Whether the heightened indigency and fee-payment procedures in G. L. c. 261, § 29, apply to an inmate appealing from a sexually dangerous person commitment.
2. Whether G. L. c. 261, § 27D, rather than Mass. R. A. P. 4, governs the time for appealing a denial of a request for waiver of appellate fees.
3. Whether the record permitted determination of the timeliness of De'Amicis's appeal.

Disposition

remanded