Commonwealth v. Dossantos
Annotate this CaseDefendant was charged with one count of assault and battery on a family member. Prior to Defendant’s release upon arraignment, the Commonwealth submitted a preliminary written statement pursuant to Mass. Gen. Laws ch. 276, 56A, alleging that domestic abuse occurred immediately prior to or in conjunction with Defendant’s charged offense. The judge declined to rule that domestic abuse was alleged in connection with the charged offense and reported the case to the Appeals Court, opining that section 56A in part violated Defendant’s constitutional guarantee of due process and separation of powers by interfering with the judicial function. The case was entered in the Appeals Court, and the Supreme Judicial Court granted Defendant’s application for direct appellate review. The Supreme Judicial Court responded to the judge’s report by holding that section 56A requires that before a judge makes a “written ruling that abuse is alleged in connection with the charged offense,” the judge must inquire into and be satisfied that there is an adequate factual basis for the abuse allegations made by the Commonwealth.
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