COMMONWEALTH v. HENRY

SJC-11965.

475 Mass. 117 (2016)

55 N.E.3d 943

COMMONWEALTH v. KIM HENRY.

Supreme Judicial Court of Massachusetts, Essex.

August 8, 2016.


Attorney(s) appearing for the Case

Rebecca Kiley , Committee for Public Counsel Services, for the defendant.

Kenneth E. Steinfield , Assistant District Attorney, for the Commonwealth.

Matthew R. Segal & Jessie J. Rossman , for the American Civil Liberties Union Foundation of Massachusetts, amicus curiae, submitted a brief.

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


This case presents two issues on appeal: first, whether a defendant's ability to pay should be considered by a judge in deciding whether to order restitution as a condition of probation and in deciding the amount of any such restitution; and second, where goods are stolen from a retail store, whether the amount of the victim's actual...

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