Legal Opinion

Commonwealth v. Montes

Massachusetts Appeals Court

Decided November 6, 2018No. 17-P-989Published

1Opinion of the Court

A Superior Court judge revoked the defendant's probation and imposed sentence after finding that the defendant violated his probation by committing new offenses of assault and battery, assault by means of a dangerous weapon (ADW), and mayhem, and by failing to verify participation in mental health treatment.2 The defendant appeals, arguing that the findings of violations were based on unreliable hearsay and otherwise flawed. We conclude that the hearsay was substantially reliable, but we agree that the findings of violations based on the defendant committing an ADW and failing to verify his…

2Cases cited14 opinions

  1. Commonwealth v. DurlingMassachusetts Supreme Judicial Court · 1990
  2. Commonwealth v. HolmgrenMassachusetts Supreme Judicial Court · 1995
  3. Commonwealth v. CanonMassachusetts Supreme Judicial Court · 1977
  4. Commonwealth v. PattonMassachusetts Supreme Judicial Court · 2010
  5. Commonwealth v. DavisMassachusetts Appeals Court · 1980

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