Stewart v. Commonwealth

The narrow issue before us is whether a person serving a mandatory life sentence for conviction of murder in the second degree and a life sentence for armed assault in a dwelling house may be admitted to bail pursuant to Mass. R. Crim. P. 30 (c) (8) (A), 378 Mass. 902 (1979), pending an appeal that, at most, would result in an earlier parole eligibility date. Robert Stewart’s convictions of murder in the second degree and armed assault in a dwelling house were affirmed. See Commonwealth v. Stewart, 375 Mass. 380 (1978). In that opinion, we ordered Stewart’s life sentence for armed assault in…