Argument: Not yet scheduled.

Keywords: Criminal Law - Probation

Question Presented: Whether a defendant intimidates a witness by making a threat after proceedings are closed; whether a defendant commits the crime of threat to commit a crime, where the threat is communicated only to the child victim’s mother.

Facts: The defendant, Kenneth Hamilton, was incarcerated after violating probation. After leaving prison he left a voicemail message with his former probation officer, blaming her for his incarceration and threatening to …

Read more »

Argument: Not yet scheduled.

Keywords: Constitutional Law - Criminal Procedure - Probation

Question Presented: Whether a defendant violates probation running “from and after” his jail sentence if he commits a crime while still serving the sentence.

Facts: The defendant was convicted of various crimes and sentenced to two and a half years in the house of corrections, with a ten year term of probation to run “from …

Read more »

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 …

Read more »

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 …

Read more »

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 …

Read more »

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 …

Read more »

Amicus due February 16, 2010 - Argument: March 2, 2010

Keywords: Criminal Procedure - Evidence - GPS - Hearsay - Probation

Question Presented: Whether printed documents from a GPS monitoring center are admissible in a probation revocation hearing.

Facts: The defendant received both jail time and a probationary sentence after a number of assaults against his wife. His probation specified that he wear a GPS tracking device and remain …

Read more »

Argument: May 3, 2010

Keywords: CJAM - Employment - Mandamus - Probation - Summary Judgment

Question Presented: Whether the Chief Justice for Administration and Management (CJAM) acted within his authority in rejecting the appointment of a probation officer.

Facts: Plaintiff Stephen Anzalone was certified for appointment as a probation officer by the Commissioner of Probation. Six months later, the CJAM rejected Anzalone’s appointment without explanation. Anzalone filed claims …

Read more »