DURHAM v. MASSACHUSETTS PAROLE BOARD


382 Mass. 494 (1981)

416 N.E.2d 954

WARREN DURHAM vs. MASSACHUSETTS PAROLE BOARD.

Supreme Judicial Court of Massachusetts, Suffolk.

February 10, 1981.


Attorney(s) appearing for the Case

Marilyn L. Hotch, Assistant Attorney General (Stanley E. Adelman, Special Assistant Attorney General, with her) for the defendant.

John P. Osler for the plaintiff.

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


QUIRICO, J.

The defendant Massachusetts Parole Board appeals from the decision of a Superior Court judge declaring that the plaintiff Warren Durham, a prisoner at the Massachusetts Correctional Institution at Walpole is presently eligible for parole consideration. We granted direct appellate review to resolve a question as to the proper interpretation of the third clause of G.L.c. 127, § 133, which establishes a minimum period of ineligibility for parole release...

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