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Mass. high court hears appeal over short detention of defendant found unlikely to be restored to competency
Summary
In oral argument before the Massachusetts Supreme Judicial Court, defense counsel said the defendant—found not competent and unlikely to be restorable—was detained on bail in violation of Abbott A and Jackson v. Indiana principles; the Commonwealth urged dismissal as moot and stressed public-safety concerns and the brief duration of detention.
BOSTON — The Massachusetts Supreme Judicial Court heard arguments in an appeal over whether a superior court judge violated substantive due process by ordering bail that left a defendant who had been found incompetent to stand trial detained despite experts concluding restoration was unlikely.
Defense attorney Ross Schreiber told the court that "the foreseeable future for this defendant on 08/09/2024 was exactly the same as it had been for years" and that "all of the experts ... had come to the realization that this defendant was unlikely to ever be restored to competency." He argued that, under this record and the court's Abbott A and Jackson v. Indiana precedents, "we cannot expect him to attain competency in the foreseeable future" and that detention on bail under those circumstances violates due…
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