finding of a probation violation (Massachusetts) · Go Syfert
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finding of a probation violation in Massachusetts

11 Massachusetts opinions name it 2 courts 2012–2026 7 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Commonwealth v. Durlinggreen
mass · 1990 · cited in 7 Massachusetts opinions naming this issue, 2012–2025
2 sentences

2025Commonwealth v. Durling, 407 Mass. 108, 117 (1990).

2025Commonwealth v. Durling, 407 Mass. 108, 117 (1990).

67
Commonwealth v. Pattongreen
mass · 2010 · cited in 2 Massachusetts opinions naming this issue, 2012–2023
2 sentences

2023Commonwealth v. Patton, 458 Mass. 119, 133 (2010).

2012See Commonwealth v. Patton, supra. Given that the revocation of probation “deprives an individual, not of the absolute liberty to which every citizen is entitled, but only of the conditional liberty properly dependent on observance of special [conditions],” id., quoting Gagnon v. Scarpelli, supra at 781 , “a probationer need not be provided with the full panoply of constitutional protections applicable at a criminal trial.” Commonwealth v. Durling, 407 Mass. 108, 112 (1990), citing Gagnon v. Scarpelli, supra at 782 .

22
Commonwealth v. Bukingreen
mass · 2014 · cited in 1 Massachusetts opinions naming this issue, 2026–2026
1 sentence

2026Commonwealth v. Bukin, 467 Mass. 516, 520 (2014).

11
Commonwealth v. Baingreen
massappct · 2018 · cited in 1 Massachusetts opinions naming this issue, 2019–2019
1 sentence

2019See Commonwealth v. Bain , 93 Mass. App. Ct. 724 , 725 n.2 (2018).

11
Commonwealth v. Vargasgreen
mass · 2016 · cited in 1 Massachusetts opinions naming this issue, 2017–2017
1 sentence

2017However, citing Commonwealth v. Vargas, 475 Mass. 86, 93 (2016), the Commonwealth now contends "that error is immaterial" because the finding of a probation violation and resulting commitment to DYS were adequately supported by the agreed-upon firearm violation.

11
Gagnon v. Scarpellired
scotus · 1973 · cited in 1 Massachusetts opinions naming this issue, 2012–2012
2 sentences

2012See Commonwealth v. Patton, supra. Given that the revocation of probation “deprives an individual, not of the absolute liberty to which every citizen is entitled, but only of the conditional liberty properly dependent on observance of special [conditions],” id., quoting Gagnon v. Scarpelli, supra at 781 , “a probationer need not be provided with the full panoply of constitutional protections applicable at a criminal trial.” Commonwealth v. Durling, 407 Mass. 108, 112 (1990), citing Gagnon v. Scarpelli, supra at 782 .

2012See Commonwealth v. Patton, supra. Given that the revocation of probation “deprives an individual, not of the absolute liberty to which every citizen is entitled, but only of the conditional liberty properly dependent on observance of special [conditions],” id., quoting Gagnon v. Scarpelli, supra at 781 , “a probationer need not be provided with the full panoply of constitutional protections applicable at a criminal trial.” Commonwealth v. Durling, 407 Mass. 108, 112 (1990), citing Gagnon v. Scarpelli, supra at 782 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Commonwealth v. Milot green
mass · 2012
1 sentence

2023Also, as noted at the outset, whether the hearsay report of the drug offenses was substantially reliable is moot, under Milot, 462 Mass. at 201–202; the finding of a probation violation based on the possession charge was proper.

12023–2023
Commonwealth v. Pena green
mass · 2012
1 sentence

2018Although a probation revocation hearing is not a "new criminal prosecution" because the Commonwealth has already proven guilt beyond a reasonable doubt for the underlying offense, such a hearing still "implicates due process rights because a finding of a probation violation may result in a loss of liberty." Commonwealth v. Pena , 462 Mass. 183 , 190 (2012).

12018–2018

Where else courts name it

RI 20 (2002–2016) IN 14 (2005–2020) NY 13 (1983–2025) MA 11 (2012–2026) CA 8 (1988–2022) PA 7 (2005–2022) OH 7 (1991–2024) ID 6 (1991–2024) OR 4 (2021–2024) AZ 3 (2011–2019) CT 3 (2001–2018) IL 3 (1978–1979) UT 2 (1990–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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