Falcone v. CommonwealthAnnotate this Case
The Supreme Judicial Court affirmed the judgment of the county court denying, without a hearing, Defendant's petition under Mass. Gen. Laws ch. 211, 3 for relief from home confinement as a condition of his bail, holding that the single justice properly denied relief.
Defendant was charged with open and gross lewdness, subsequent offense. At Defendant's arraignment, a district court judge set bail and, as a condition of release, ordered that Defendant be subject to GPS monitoring and confined to the interior of his home. Defendant was released subject to these conditions. Defendant later filed his Mass. Gen. Laws ch. 211, 3 petition challenging the order of home confinement. The single justice denied relief. The Supreme Judicial Court affirmed, holding the bail judge was within his discretion to order Defendant to remain inside the house.