Polk v. Commonwealth
461 Mass. 251
Mass.2012Background
- Defendant William Polk was convicted on two indictments for statutory rape of his then‑15-year‑old niece.
- Before sentencing, Polk sought a stay of execution; the trial judge denied it and sentenced him to prison on one conviction and probation on the other.
- Polk filed a timely appeal and sought a stay in the Appeals Court; a single justice denied the stay without hearing or findings.
- After direct appellate review was granted, Polk filed a stay motion before a single justice of the Supreme Judicial Court, which granted a stay subject to bail and conditions.
- Commonwealth appealed the single justice’s stay decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May a defendant seek a stay before a single justice of the SJC after direct appellate review is granted? | Commonwealth argues only an appeal to the full court is available. | Polk is entitled to appeal to a single justice of the court that will hear the appeal. | Yes; the defendant may appeal to a single justice and the single justice may decide de novo. |
| Did the single justice abuse discretion in granting the stay pending appeal? | Stay should be denied if not warranted. | Stay was appropriate under discretionary review. | No abuse of discretion; stay and conditions affirmed. |
Key Cases Cited
- Commonwealth v. Hodge (No. 1), 380 Mass. 851 (1980) (two-factor test for stays pending appeal; reasonable probability of success and flight/danger considerations)
- Commonwealth v. Cohen (No. 2), 456 Mass. 128 (2010) (one justice may undertake independent review or defer to trial judge; discretion remains)
- Sang Hoa Duong v. Commonwealth, 434 Mass. 1006 (2001) (context for revisions to Rule 6 and stay procedures)