Boisvert v. CommonwealthAnnotate this Case
The Supreme Judicial Court affirmed in part the judgment of a single justice of the court denying Petitioner's petition filed pursuant to Mass. Gen. Laws ch. 211, 3 seeking bail review but remanded the case for the judge to make required findings pursuant to Brangan v. Commonwealth, 477 Mass. 691 (2017), holding that further proceedings were necessary.
Petitioner was indicted on numerous charges. A superior court judge initially set cash bail at $100,000. Two years later, Petitioner, who was unable to pay the cash bail, sought review of the bail determination. A judge reduced the cash bail to $30,000 but did so without any findings or explanation. Petitioner later filed this petition seeking bail review, arguing that the cash bail amount of $30,000 was excessive. The single justice denied the petition without a hearing. The Supreme Judicial Court remanded the case with directions for the judge who made the bail reduction decision to make the required findings for that decision pursuant to Brangan, holding that the judge should have made findings for that decision.