Legal Opinion
Commonwealth v. Maloney
Massachusetts Supreme Judicial Court
Decided October 24, 2006PublishedCited by 26 opinions
1Opinion of the CourtCowin, J.
This case requires us to examine St. 2005, c. 122, known as “Melanie’s Law,” which changed the law governing the prosecution of operating under the influence (OUI) offenses in Massachusetts. At issue are the amendments made by Melanie’s Law to the procedure by which the Commonwealth may prove prior OUI convictions to enhance a defendant’s sentence. We conclude that the amended OUI statute, as applied to the defendant in this case, does not violate the ex post facto, due process, or confrontation clauses of the Federal or State Constitutions.1
1. Facts. On October 11, 2005, a complaint issued…
2Cases cited34 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Calder v. BullSupreme Court of the United States · 1798
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- Carmell v. TexasSupreme Court of the United States · 2000
- Thompson v. MissouriSupreme Court of the United States · 1898
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3Cited by26 opinions
- Commonwealth v. RaposoMassachusetts Supreme Judicial Court · 2009
- Commonwealth v. CousinMassachusetts Supreme Judicial Court · 2007
- Commonwealth v. McMullinMassachusetts Appeals Court · 2010
- Commonwealth v. WeeksMassachusetts Appeals Court · 2010
- Commonwealth v. DussaultMassachusetts Appeals Court · 2008
21 more not listed; retrieve them via the Exa API.