· 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).
Sourced from CourtListener / Free Law Project (CC0).
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.