Argument: Not yet scheduled.

Keywords: Criminal Law - GPS - Probation - Sex Offenders

Question Presented: Whether a probationer could be held on a finding of probable cause for probation violation because the probation department was unable to supply a GPS device for him to wear.

Facts: The defendant was convicted of a sex offense and ordered to wear a GPS tracking device as a term of his probationary sentence after release from jail. Probation was unable …

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Argument: September 2010

Keywords: Criminal Law - Probation - Sex Offenders

Question Presented: Whether a sex offender on probation, required to wear a GPS device but not to secure employment, can be held in violation of probation where he failed to secure employment or housing, and therefore had no place to charge his GPS device.

Facts: The defendant was convicted of a sex offense and later released on probation. The terms of his probation did not require him to secure employment, but did require him to …

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Argument: April 7, 2010

Keywords: Constitutional Law - Criminal Law - Probation - Sex Offenders

Question Presented: Whether a judge can modify a sex offender’s probation to require him to wear a GPS tracking device, absent a probation violation.

Facts: The defendant began the probationary portion of his sentence for a set of sex offense convictions in 2009, after serving 15 years in prison and another four years committed as …

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Amicus due February 16, 2010 - Argument: April 5, 2010

Keywords: Criminal Procedure - First Complaint - Hearsay - Probation - Sex Offenders

Question Presented: Whether the judge in a probation revocation hearing properly relied on a videotape of a four-year-old girl in revoking the defendant’s probation, even though she later recanted her testimony.

Facts: The defendant’s probation was revoked after his four-year-old granddaughter reported that he had touched her sexually. The Commonwealth submitted hearsay evidence of the child’s report, including most significantly …

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Amicus due March 15, 2010 - Argument: May 2010

Keywords: Constitutional Law - Criminal Law - Criminal Procedure - Judicial Review - Sex Offenders

Question Presented: Whether an improper basis for imprisonment of a sex offender bars the Commonwealth from petitioning for commitment of the offender as a sexually dangerous person.

Facts: Repeat sexual offenders are subject to a mandatory sentence of community parole supervision for life (“CPSL”), a lifetime status equivalent to parole.  G.L. c. 265, § 45.  The petitioner pled …

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