×
You've used up your 3 free articles for this month. Subscribe today.
Massachusetts Supreme Court Announces ‘Habitual Offender’ Statute Allows for Sentence of Probation Only
Loaded on March 15, 2021
by Dale Chappell
published in Criminal Legal News
April, 2021, page 30
Filed under:
U.S. Sentencing Guidelines,
Sentencing Goals/Purposes/Practices,
Sentence of Probation.
Location:
Massachusetts.
by Dale Chappell
Because the law ambiguously provides that a court must impose the “maximum term” for a prison sentence for someone convicted as a “habitual criminal,” the Massachusetts Supreme Judicial Court, applying the rule of lenity, held that the lack of any language excluding probation thus allows …
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Faulty Forensics and Wrongful Convictions, by Matthew Clarke
- Seventh Circuit Affirms Vacatur of Death Sentence Based on Newly Discovered Evidence of Defendant’s Intellectual Disability, by Douglas Ankney
- Machinery of Death: When the Government Acts as Judge, Jury and Executioner, by John W. Whitehead
- Seventh Circuit: Indiana’s Sex Offender Registration Act’s ‘Other Jurisdiction Requirement’ Unconstitutional Violation of Right to Travel, by Douglas Ankney
- Ohio Supreme Court: Retroactive Application of Sexually Violent Predator Law Violates Ex Post Facto Clause, by Dale Chappell
- Alabama Supreme Court Announces Testimony About Cell-Site Location Data Is ‘Scientific’ Expert Testimony, Not Lay, Triggering Daubert Analysis, by Anthony Accurso
- Maryland Court of Appeals: MTA’s Fare Sweep Constitutes Suspicionless Seizure in Violation of Fourth Amendment, by Douglas Ankney
- North Carolina Supreme Court: Judge May Not Reject Informed Guilty Plea Because Defendant Refuses to Admit He’s Factually Guilty, by David Reutter
- How the Criminal Justice System Fails People With Mental Illness, by Jordan Smith
- Third Circuit: Brady Claims in Habeas Petitions Timely When Filed Within One Year of Date Reason to Believe Prosecutor Violated Duty To Disclose, by Douglas Ankney
- Pennsylvania Supreme Court Announces Departure From SCOTUS’ Vehicle Exception to Warrant Requirement, Commonwealth’s Constitution Provides Greater Protections, by Anthony Accurso
- California Court of Appeal: Lack of Notice of Filing Deadline Due Process Violation, Allowing Late Challenge to Erroneous Parole Designation, by Dale Chappell
- Ninth Circuit Announces Un-Mirandized Statement Used in Criminal Proceeding Violates Fifth Amendment and Supports § 1983 Claim, by Douglas Ankney
- Massachusetts Supreme Court Announces ‘Habitual Offender’ Statute Allows for Sentence of Probation Only, by Dale Chappell
- Hawai’i Supreme Court Announces Clarification of When Self-Induced Intoxication Exception of HRS § 702-230 Applies, by Matthew Clarke
- Kentucky Supreme Court Announces Appellate Standard of Review for Domestic Abuse Exemption to Violent Offender Parole Eligibility, by Anthony Accurso
- STAR Program Redirecting Mental Health Emergency Calls Away From Police a Success in Denver, by Kevin Bliss
- Fifth Circuit: Evidence of Simple Drug Possession Insufficient to Search Cellphone Photos for Evidence of Drug Trafficking, by Anthony Accurso
- New Drone Tech Being Deployed by Police, by Anthony Accurso
- California Supreme Court Announces SB 1437 Bars Second-Degree Murder Based on Natural and Probable Consequences Doctrine, by Douglas Ankney
- Pennsylvania Supreme Court: Officer Testified as Expert on Child Sexual Abuse Without First Being Qualified and 42 Pa.C.S. § 5920 Overruled Dunkle, by Douglas Ankney
- "Kentucky Supreme Court: Hearing on Defense Counsel’s Fitness Is Critical Stage at Which Defendant Has Right to Be Present With Conflict-Free Counsel", by Douglas Ankney
- D.C. Circuit: Differing Counsel Effectiveness Findings Create Possible Injustice in Wired Plea Offer, by David Reutter
- California Court of Appeal Overturns Child Sex Abuse Convictions Based on Prosecution’s Violation of Brady Obligations by Withholding Witness Impeachment Evidence, by Matthew Clarke
- Second Circuit: Jury Instructions Regarding Defendant’s Motive to Testify Falsely Improper, by Anthony Accurso
- Fourth Circuit: Conditions of Release Banning Internet Access and Legal Pornography Overbroad and Not Reasonably Related, by Douglas Ankney
- Kentucky Supreme Court Reverses Murder Convictions Due to ‘Flagrant Prosecutorial Misconduct’ in Misleading Jury, by Matthew Clarke
- Capitol Police Department Repeatedly Sued Over Racial Discrimination, by Casey Bastian
- Nevada Supreme Court Reverses Conviction for Murdering Sixth Wife Due to Improper Prior Bad-Act Evidence Regarding Murder of Second Wife, by Matthew Clarke
- Hundreds Serving Life Due to Less Than Unanimous Jury Verdicts, by Edward Lyon
- Washington Supreme Court Announces Misconduct of Petitioner’s Own Counsel Can Be Basis for Equitable Tolling in Habeas Proceeding, by Douglas Ankney
- Hidden Sentences, by Jayson Hawkins
- Law Degree for South Carolina Magistrates Optional, by Michael Fortino, Ph.D
- Policing Prostitution in New York, by Jayson Hawkins
- Tech Company Enables Total Surveillance, by Jayson Hawkins
- Image of Men Urinating on Grave Protected by First Amendment, by Michael Fortino, Ph.D
- Philadelphia Man Exonerated After Police Cover-Up Exposed, by Casey Bastian
- Shifting View of Criminal Justice in U.S., by Jayson Hawkins
- Man Serving 505-Year Sentence Granted Compassionate Release Due to COVID-19
- New Jersey Man Wrongly Arrested Due to Flawed Face Recognition Match, by Anthony Accurso
- News in Brief
- Police Robo Stalkers in a Location Near You, by Douglas Ankney
More from Dale Chappell:
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
More from these topics:
- Relevant Conduct: How Federal Sentencing Law Punishes More Than the Crime of Conviction, Aug. 1, 2026. U.S. Sentencing Guidelines, Prior Conviction/Sentence/Incarceration, Plain Error, Acquitted Conduct/Uncharged Crimes/Dismissed Counts, Relevant Conduct.
- U.S. Sentencing Commission: 2026 Amendments to the Federal Sentencing Guidelines, June 1, 2026. U.S. Sentencing Guidelines, Alternative Sentencing, Sentence Enhancements/Departures, Multiple/Multiplicious Counts, Drug Quantity.
- First Circuit Vacates Drug Courier’s Sentence, Holding District Court Erred by Failing to Conduct Proper Comparative Culpability Analysis Under § 3B1.2 When It Excluded Other Participants in Drug Shipment From Universe of Comparators, May 1, 2026. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Appellate Jurisdiction/Review, Sentencing Findings, Relevant Conduct.
- Sixth Circuit Announces Federal Coercion and Enticement Statute Requires Knowledge of Victim’s Minor Status, Deepening Circuit Split, May 1, 2026. U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Statutory Construction/Interpretation, Sentence, Miscalculation of the Guidelines Sentencing Range.
- Tenth Circuit Holds Prior California Child Pornography Conviction Does Not Trigger Federal Mandatory Minimum Because State Statute Encompasses Conduct Beyond Federal Definition Under Categorical Approach, April 1, 2026. U.S. Sentencing Guidelines, Qualifying Offenses, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Child Pornography.
- U.S. Sentencing Commission Report Breaks Down Federal Contraband Sentences, March 1, 2026. Guard Misconduct, Mechanical Searches/Scanners, Statistics/Trends, U.S. Sentencing Guidelines, Bribery/Extortion/Theft.
- Acquitted Conduct Sentencing: Not Guilty – But Punished Anyway, March 1, 2026. U.S. Sentencing Guidelines, Federal Legislation, Fifth Amendment, Sixth Amendment, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- California Supreme Court Announces Single Criminal Act Harming Multiple Victims Constitutes Only One Strike Under Three Strikes Law, Jan. 1, 2026. Double jeopardy, Three Strikes Statutes/Rule, Sentencing Goals/Purposes/Practices, Prior Conviction/Sentence/Incarceration.
- First Circuit Clarifies Mitigating Role Analysis – Sentencing Courts Must Consider All Identifiable Participants in Drug Shipment, Not Just Crew Members, and Use § 3B1.2 Factors to Assess Relative Culpability, Not Guilt, Dec. 15, 2025. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Miscalculation of the Guidelines Sentencing Range.
- Third Circuit Announces “Commencement of the Instant Offense” in Guidelines § 4A1.2(e) Unambiguously Refers Only to Specific Offense of Conviction, Not Relevant Conduct, Nov. 15, 2025. U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Prior Conviction/Sentence/Incarceration, Adequacy of Criminal History Category, Statutory Construction/Interpretation.
