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Massachusetts Supreme Judicial Court Rules that an Illegal Sentence Must be Honored if it is not Corrected Within 60 Days

Posted on August 31, 2014 in
What happens when a sentencing judge makes a legal error that benefits the defendant, and the error goes unnoticed for almost one year?  In Commonwealth v. Selavka, the Supreme Judicial Court ruled last week that too much time had passed for the sentencing judge to fix the mistake, and the defendant was entitled to...
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Massachusetts Supreme Judicial Court Rules Some Sex Offenders Required to be Monitored by GPS

The Supreme Judicial Court issued an important decision this week regarding the requirement that certain sex offenders on probation be monitored by a GPS device.  The opinion was delivered in Commonwealth v. Guzman (SJC-11483 decided August 25, 2014). (more…)
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Teacher Convicted of Possessing Child Pornography Allowed to Keep Pension

Posted on August 20, 2014 in
Ronald Garney was a ninth-grade science teacher and coach who worked for the Amherst-Pelham regional school district for more than 20 years.  Through an investigation conducted in 2004, the United States Immigration and Customs Enforcement identified Garney as someone who had purchased child pornography from a website.  Local police later executed a search warrant...
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Photos of Naked Children Found in Prisoner’s Cell were not Child Pornography

In an important ruling issued this week, the Massachusetts Supreme Judicial Court clarified the types of photographs that qualify as child pornography.  The defendant in Commonwealth v. Rex is a convicted rapist who is serving a state prison sentence.  In 2011, prison officials searched the defendant’s locker and discovered an envelope containing seven photocopies...
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