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Appeals court hears challenge that Feliciano’s probation sentence created appearance of partiality
Summary
Appellant counsel told the Massachusetts Appeals Court the sentence for a probation violation looked like punishment for an attempted‑murder charge the defendant had already served time on, creating an appearance of double jeopardy and judicial partiality; the Commonwealth defended the sentence as within the judge’s discretion.
Justice William Mead opened oral argument for Commonwealth v. Feliciano and reminded counsel of the 15‑minute limit before the panel (Massing and Bridal). Kevin Dimelo, representing Alexis Feliciano, told the court the appeal turns on appearances: the resentencing record ‘created the appearance that he was sentencing Mr. Feliciano for the attempted murder charge’ rather than the probation‑violation offense, and that appearance, he said, implicates double‑jeopardy concerns and the appearance of partiality.
Dimelo ackn…
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