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Massachusetts Supreme Court Revisits Lougee and Announces Framework for Determining When Pretrial Detention Prolonged Due to COVID Violates Due Process

by Doug Ankney

The Supreme Judicial Court of Massachusetts (“SJC”) announced the framework for deciding whether a defendant’s due process rights were violated where the defendant’s pretrial detention has been prolonged due to the COVID-19 pandemic, revisiting Commonwealth v. Lougee, 147 N.E.3d 464 (Mass. 2020) (as of June 2020, ...

 

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