Legal Opinion

Commonwealth v. Cumming

Massachusetts Supreme Judicial Court

Decided September 27, 2013PublishedCited by 16 opinions

1Opinion of the CourtCordy, J.

In the present appeal, we consider two double jeopardy challenges to a Superior Court judge’s resentencing order following the judge’s allowance of the defendant’s motion *468to correct his sentences by vacating the requirement of community parole supervision for life (CPSL) pursuant to Mass. R. Crim. P. 30 (a), as appearing in 435 Mass. 1501 (2001). The CPSL requirement had been illegally imposed years earlier as a component of the defendant’s original sentences,1 which also included concurrent periods of incarceration on ten separate indictments. We conclude that where, as here, the imposition…

2Cases cited12 opinions

  1. United States v. ScottSupreme Court of the United States · 1978
  2. Commonwealth v. HolmgrenMassachusetts Supreme Judicial Court · 1995
  3. Aldoupolis v. CommonwealthMassachusetts Supreme Judicial Court · 1982
  4. Commonwealth v. GoodwinMassachusetts Supreme Judicial Court · 2010
  5. Commonwealth v. PaganMassachusetts Supreme Judicial Court · 2005

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3Cited by16 opinions

  1. Commonwealth v. ColeMassachusetts Supreme Judicial Court · 2014
  2. Commonwealth v. SelavkaMassachusetts Supreme Judicial Court · 2014
  3. State of West Virginia v. William B. ShingletonWest Virginia Supreme Court · 2016
  4. Commonwealth v. CostaMassachusetts Supreme Judicial Court · 2015
  5. Commonwealth v. ParrilloMassachusetts Supreme Judicial Court · 2014

11 more not listed; retrieve them via the Exa API.

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