Testa v. Lorefice

How courts have described this case

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

• “To the extent possible, it is desirable that probation revocation hearings be heard by the judge who placed the defendant on probation in the first instance”
• “proper avenue of relief for a defendant raising a challenge to the issuance of a probation revocation order” is by direct appeal to the Appeals Court
• in straight probation case, court noted that acceptance of probation conditions does not \work a waiver of a probationer's right to move\ for amendment of conditions pursuant to rule 29
• “Rule 30 [a] is the appropriate avenue for relief only where the defendant is not challenging the probation revocation order itself, but rather the sentence imposed in consequence of the order”
• rule 30 [a] “was not intended to provide an avenue for plenary appellate review. Instead, it was designed to enable defendants to challenge the legality or the technical basis of a sentence”
• “a defendant may appeal a probation revocation order. . . . To do so, the defendant must file a notice of appeal within thirty days of the imposition of the previously suspended sentence”

Source: CourtListener parenthetical corpus (CC0).