COMMONWEALTH v. COLE

No. SJC-11316.

468 Mass. 294 (2014)

COMMONWEALTH v. CASEY L. COLE.

Supreme Judicial Court of Massachusetts, Plymouth.

June 11, 2014.


Attorney(s) appearing for the Case

Beth L. Eisenberg, Committee for Public Counsel Services (Laura M. Banwarth with her) for the defendant.

Mary E. Lee, Assistant District Attorney, for the Commonwealth.

Jeffrey G. Harris, Margaret Fox, Elizabeth A. Lunt, & Patricia Garin, for Massachusetts Association of Criminal Defense Lawyers & another, amici curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


GANTS, J.

The issue presented on appeal is whether community parole supervision for life (CPSL) violates our separation of powers doctrine, articulated in art. 30 of the Massachusetts Declaration of Rights, by improperly delegating to the parole board, an entity of the executive branch, the exercise of the judicial power to impose sentences. We conclude that CPSL grants to the parole board a quintessential judicial power, the power to determine whether a defendant...

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