COMMONWEALTH v. HARRISON


429 Mass. 866 (1999)

COMMONWEALTH v. GEORGE HARRISON.

Supreme Judicial Court of Massachusetts, Suffolk.

June 29, 1999.


Attorney(s) appearing for the Case

David J. Barend for the defendant.

Dean A. Mazzone, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.


ABRAMS, J.

The defendant, George Harrison, challenges the revocation of his probation. His probation was revoked following a hearing at which he was not present because he was serving a 151-month sentence in Federal prison for bank robbery. We transferred the case to this court on our own motion. We vacate the revocation of his probation and conclude that a new hearing is required as a matter of Federal constitutional law.

In 1990, after a trial held in Middlesex...

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