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· 3/21/2022

Maffit (David) v. Dist. Ct. (State)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • vacating sentence of CPSL where imposed pursuant to indictment that failed to set forth defendant’s predicate offenses
  • overruling Appeals Court’s interpretation of art. 12 “excusing indictment as a repeat offender when the predicate convictions expose the defendant to a higher mandatory minimum sentence, but the same maximum”
  • striking down G. L. c. 275, § 18, in part, as unconstitutionally vague
  • striking down G. L. c. 275, § 18, in part, as unconstitutionally vague
  • CPSL provision of G. L. c. 275, § 18, unconstitutionally vague as applied to “Category 1” and “Category 2” offenders
  • “If a defendant is made susceptible to a prescribed statutorily enhanced penalty because of a former conviction, the predicate offense must be alleged in the complaint or indictment”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.