In the Matter of an Impounded Case, SJC-13678

Supreme Judicial Court of Massachusetts · November 4, 2025

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Attorney Schreiber represents the defendant in an impounded case, arguing that the defendant is unlikely to be restored to competency based on evaluations from experts.

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The Massachusetts Supreme Judicial Court heard argument in an appeal over whether a judge violated substantive due process by keeping a defendant—found incompetent to stand trial and unlikely to be restored—detained on bail for a short period. Defense counsel argued the detention violated Abbott A and Jackson v. Indiana principles because restoration was unlikely; the Commonwealth urged dismissal as moot and emphasized public-safety considerations and the short duration of detention.

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