Legal Opinion

Commonwealth v. Mathis

Massachusetts Superior Court

Decided September 15, 1994No. Nos. 94-11417, 94-11421, 94-11419-94-11420Published

1Opinion of the CourtQuinlan, J.

The Commonwealth has moved pursuant to G.L.c. 276, §58A as added by St. 1994, c. 68, §6 for an order of detention directing that, pending trial, the defendants, Eric Mathis and Tim Mathis, “be committed to custody or confinement in a corrections facility, separate, to the extent practicable, from persons awaiting or serving sentence or being held in custody pending appeal.” See G.L.c. 276, §58A(4).

In doing so, the Commonwealth has elected to proceed without witnesses and by “proffer,” i.e. an unsworn statement of facts given by the Assistant District Attorney which, the Commonwealth contends,…

2Cases cited21 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Goldberg v. KellySupreme Court of the United States · 1970
  3. Addington v. TexasSupreme Court of the United States · 1979
  4. Armstrong v. ManzoSupreme Court of the United States · 1965
  5. Foucha v. LouisianaSupreme Court of the United States · 1992

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