×
You've used up your 3 free articles for this month. Subscribe today.
Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention
Loaded on May 15, 2023
by Harold Hempstead
published in Criminal Legal News
June, 2023, page 28
Filed under:
Pretrial Detention and Detainees,
Bail/Pretrial Release,
Speedy Trial Clock - Tolling of.
Location:
Massachusetts.
by Harold Hempstead
The Supreme Judicial Court of Massachusetts held that the pretrial detention period in General Laws c. 276, § 58B begins to run when a defendant is detained, not when an order of detention is formally issued.
On December 26, 2021, while Chayanne Velazquez was on bail on ...
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:
- The Evolving Science, Skepticism, and Limited Evidentiary Value of Firearm and Toolmark Identification, by Douglas Ankney
- Op-Ed: Fix the First Step Act and Let Reformed Prisoners Out From Behind Bars – Time Credits and the Irrebuttable Presumption Doctrine, by Christopher Cobb
- Beyond Rehabilitation: Personal Achievement and Selfless Service as Grounds for Federal Compassionate Release, by James Lockhart, Luke Sommer
- SCOTUS Announces Statute of Limitations for § 1983 Claim Challenging State’s Postconviction DNA Testing Procedures Begins to Run Upon Completion of State-Court Litigation, Including Appeals, by Richard Resch
- Oregon Supreme Court: Right to Counsel Violated by Police Questioning Defendant About an Uncharged Crime in Connection With Charged Crime for Which Defendant Represented by Counsel, by Mark Wilson
- Idaho Supreme Court: Confession Obtained in Violation of Miranda Inadmissible in State’s Case in Chief but May Be Used for Impeachment Purposes Where Defendant’s Will Was Not ‘Overborne’ During Interrogation, by Douglas Ankney
- Ohio Supreme Court: Good-Faith Exception to Exclusionary Rule Inapplicable to Warrant Based on Affidavit Stating Cellphones Found at Scene of Traffic Crash ‘May’ Contain Evidence, by Anthony Accurso
- Eleventh Circuit Announces Defendant Must Satisfy All Three Subsections of § 3553(f)(1) to Be Ineligible for Safety Valve, by Douglas Ankney
- Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention, by Harold Hempstead
- New York Court of Appeals Announces When an Alternate Juror Is ‘Discharged’ and no Longer ‘Available for Service’, by Douglas Ankney
- Seventh Circuit: Fugitive Who Leased Condo Under Alias Retained Expectation of Privacy so Landlord Could Not Give Valid Consent for Warrantless Search of Premises, by Richard Resch
- California Court of Appeal: Geofence Warrant Violates ‘Particularity’ Requirement of Fourth Amendment and Is ‘Overbroad’ but Good Faith Exception Applies Because of the Novelty of Geofence Warrants at Time Sought and Executed, by Richard Resch
- Washington Supreme Court Announces Adoption of ‘Rule of Automatic Reversal’ When Prosecutor Flagrantly Appeals to Racial and Ethnic Bias During Voir Dire, by Mark Wilson
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, by Dale Chappell
- Massachusetts Supreme Judicial Court Affirms Granting of New Trial in Murder Case Based on IAC Where Counsel Failed to Investigate Exculpatory Evidence Contained in a Proffer and Provided to Counsel Prior to Trial, by Matthew Clarke
- A Lie Is Still a Lie, Even if the Speaker Genuinely Believes It, by Jordan Arizmendi
- Tennessee Supreme Court Announces State Statute Automatically Sentencing Juvenile Offenders Convicted of First-Degree Murder to Life in Prison Is Unconstitutional, by Douglas Ankney
- California Court of Appeal Announces ‘Plausible Justification’ as Standard for Claiming Entitlement to Discovery Under Racial Justice Act of 2020, by Mark Wilson
- Ohio Supreme Court: IAC for Counsel to Mention ‘Neonaticide’ at Sentencing but Fail to Explain and Use It as Mitigating Evidence, by Douglas Ankney
- by Eike Blohm, MD FATAL ENCOUNTERS WITH POLICE OCCUR in the U.S. with disturbing frequency, setting us apart from other Western industrial nations. A recent study published in the Annual Review of Criminology explores the drivers behind this American exce, by Jordan Arizmendi
- Study Explores Factors Underlying High Rate of American Police Killings, by Eike Blohm, MD
- Proactive Online Stings Do Little to Protect Children, by Eike Blohm, MD
- California Court Rejects Geofence Warrant, by Anthony Accurso
- News in Brief
More from Harold Hempstead:
- Florida Returning Canteen Funds for Prisoner Programming, July 15, 2023
- Condemned Tennessee Prisoner Wins Fight Against Autopsy, June 15, 2023
- Massachusetts Settles One of Three Suits Alleging Retaliation by Prison Guards for Assault on One of Their Own, June 1, 2023
- Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention, May 15, 2023
- Condemned Tennessee Prisoner Wins Fight Against Autopsy, May 1, 2023
- Sixth Circuit Won’t Hold Michigan County Liable After Mentally Ill Prisoner Impregnates Another, April 19, 2023
- Georgia Supreme Court: Trial Courts Are Bound to Follow Precedent of Court of Appeals, April 15, 2023
- Former CoreCivic Guard Pleads Guilty to Deprivation of Tennessee Prisoner’s Rights, April 1, 2023
- Massachusetts Supreme Court: Probationer’s Due Process Right to Present a Defense Violated Where Denied Opportunity to Call Complainant Who Alleged Sexual Assault as a Witness During Probation Revocation Hearing, March 15, 2023
- Maryland Court of Appeals: ‘No Objection’ to Introduction of Evidence at Trial That Was the Subject of Denied Motion to Suppress Does Not Waive Right to Appellate Review of Denial, March 15, 2023
More from these topics:
- New Hampshire Rolls Back Bail Reform, July 15, 2025. Bail/Pretrial Release, Reversible Error, Danger to the Community.
- Rikers Island Detainees Wait in “Black Hole” for Competency Treatment, May 1, 2025. Pretrial Detention and Detainees, Competency Hearing.
- New York Lifts Hiring Ban on Fired Striking Prison Guards, Announces Early Prisoner Releases, May 1, 2025. Work Strikes, Staffing, Parole, Guard Unions, Bail/Pretrial Release, Probation, Parole & Supervised Release.
- Wisconsin Prisoner Inhaled His Own Teeth in Fatal Beatdown, May 1, 2025. Excessive Force, Pretrial Detention and Detainees, Assault Weapons.
- Pardoned Insurrectionists Brought to D.C. Jail Demanded Others’ Immediate Release, April 1, 2025. Protests, Pardons/Clemency, Prohibitions Against Protests, Bail/Pretrial Release.
- $42 Million Jury Award for Detainees Tortured by U.S. Military at Abu Ghraib Prison, April 1, 2025. Settlements, Torture Victims Act, Pretrial Detention and Detainees, Immigration Law/Offenses.
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025. Bail, Bail Bonds, Pretrial Detention and Detainees.
- Second Rapper Stabbed in Atlanta Jail During Record-Long Trial, Jan. 15, 2025. Prison Gangs, Overcrowding, Speedy Trial Clock - Tolling of, Civil Rights Violations.
- Oregon Supreme Court Announces 60-Day Limit on Pretrial Custody Applies to Retrials, Jan. 15, 2025. Bail/Pretrial Release, Periods of Delay.
- $25 Million Contempt Fine Prompts Release of Pretrial Detainees from Philadelphia Lockups, Dec. 15, 2024. Appointment of Counsel, Contempt (Civil Procedure), Bail/Pretrial Release, Fines.