SHERIFF OF MIDDLESEX COUNTY v. COMM. OF CORRECTION


383 Mass. 631 (1981)

421 N.E.2d 75

SHERIFF OF MIDDLESEX COUNTY & others vs. COMMISSIONER OF CORRECTION & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 15, 1981.


Attorney(s) appearing for the Case

Michael C. Gilman (Kevin F. Moloney with him) for the plaintiffs.

Linda M. Irvin, Assistant Attorney General (E. Michael Sloman, Assistant Attorney General, with her) for Commissioner of Correction.

Judith M. Cabaniss, Judith A. Stalus & Ann Lambert Greenblatt for Charles M. Roberts & others, amici curiae, submitted a brief.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & ABRAMS, JJ.


WILKINS, J.

A single justice of this court has reported to us a question concerning the authority of a judge of the Superior Court to order that a criminal defendant, sentenced to a term of more than two and one-half years in a State correctional facility, be held in the custody of a county sheriff in a county jail or house of correction when no space is available at any State institution.3 The...

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