Commonwealth v. Madden
458 Mass. 607
| Mass. | 2010Background
- Madden arrested for assault; obtained a G. L. c. 209A abuse prevention order
- District Court charged Madden with one count of assault and battery; Commonwealth sought 58A pretrial detention for dangerousness
- Initially, Madden released with conditions including GPS, curfew, and contact restrictions; case continued to Jan 14, 2010
- Madden sought bail review in Superior Court to modify curfew during on-call periods; petition granted
- A Probate and Family Court order on Jan 13, 2010 shifted custody; in Feb 2010 Madden sought further modification (curfew and GPS)
- Superior Court allowed removal of curfew and GPS; Commonwealth appealed; case reserved and reported to full court
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Superior Court may review pretrial release under 58A(7) | Commonwealth contends aggrieved relates only to detention | Madden contends aggrieved includes those released with conditions | Yes; Superior Court has authority to review and modify conditional release |
Key Cases Cited
- Mendonza v. Commonwealth, 423 Mass. 771 (Mass. 1996) (58A review framework; dangerousness standard)
- Commonwealth v. Morasse, 446 Mass. 113 (Mass. 2006) (statutory interpretation and review principles)
- Commonwealth v. Weston W., 455 Mass. 24 (Mass. 2009) (curfew as pretrial liberty restriction)
- Commonwealth v. Cory, 454 Mass. 559 (Mass. 2009) (GPS monitoring as substantial liberty restraint)
- Gerstein v. Pugh, 420 U.S. 103 (U.S. 1975) (pretrial release conditions and liberty interests)
- Rendel v. Mummert, 106 Ariz. 233 (Ariz. 1970) (pretrial release with conditions balancing liberty and process)
- Locator Servs. Group, Ltd. v. Treasurer & Receiver Gen., 443 Mass. 837 (Mass. 2005) (statutory harmony interpretation)
- Kargman v. Commissioner of Revenue, 389 Mass. 784 (Mass. 1983) (harmonizing statutes through whole-text interpretation)