Commonwealth v. Al Saud
459 Mass. 221
Mass.2011Background
- Saudi national pled guilty to misdemeanor motor vehicle homicide; sentenced to one year in house of correction followed by two years' probation.
- Probation terms included reporting, addressing, and fee requirements, with permission to depart the U.S. anticipated.
- Defendant obtained ICE permission to depart voluntarily upon release and left the U.S. under Federal custody, never returning.
- Probation violations were alleged nearly two years after departure; the department moved for a default warrant after a surrender hearing.
- Motion judge denied termination of probation and granted default warrant; defendant appealed on due process grounds.
- Appeal was examined despite prematurity; court proceeded to address merits to aid future similar cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probation conditions can be enforced after deportation/voluntary departure. | Commonwealth. | Can’t comply post-departure; lack of notice/guidance. | No due process violation; some conditions feasible to comply. |
| Whether the notice of violations and default warrant were proper given departure. | Department’s notices valid; violations existed. | Notice vague; guidance lacking after departure. | Three specific violations supported default warrant; other vague violations immaterial. |
| Whether appeal is premature or appropriate to review interim orders. | Appeal proper under present execution doctrine. | Appeal premature since no final disposition. | Appeal deemed premature but merits addressed to aid future applications. |
| Whether defendant received adequate notice of, and guidance about, probation requirements after departure. | Notice adequate; conditions remained in effect. | Guidance needed on compliance abroad. | Fair notice found; no due process violation from lack of guidance. |
Key Cases Cited
- Commonwealth v. Negron, 441 Mass. 685 (2004) (interlocutory appeal rules; final disposition required for appeal)
- Commonwealth v. Ruiz, 453 Mass. 474 (2009) (due process; fair notice for probation conditions)
- Commonwealth v. Canadyan, 458 Mass. 574 (2010) (probation conditions and feasibility with departure)
- Commonwealth v. Poirier, 458 Mass. 1014 (2010) (timing of appeal; provisional rulings)
- Gagnon v. Scarpelli, 411 U.S. 778 (1973) (due process right to notice; probation revocation procedure)
- Duggan v. Commonwealth, 455 Mass. 1001 (2009) (appeal from final disposition; timing)