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Appeals panel hears challenge to probation-violation process and counsel’s conduct in Commonwealth v. Tavares
Summary
In 25P454, defense counsel argued the Commonwealth relied on unstated evidence and poorly labeled videos from a different store, denying Scott Tavares adequate notice; the panel pressed whether defense’s cross-examination opened the door to that evidence and whether relief remains meaningful after the sentence was served.
Justice Peter Sachs presiding. The Appeals Court heard argument in Commonwealth v. Scott Tavares (25P454) over whether a probationer received constitutionally adequate notice of the evidence used at a violation hearing and whether defense counsel’s actions amounted to ineffective assistance. “This is a simple due process case,” defense attorney Keith Kaminski told the panel, saying the Commonwealth presented layered hearsay and videos from Stoughton that were not listed on the violation notice and that defense counsel lacked time to prepare.
The defendant argued the additional Stoughton videos introduced a different…
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