COMMONWEALTH v. DELISLE


440 Mass. 137 (2003)

COMMONWEALTH vs. DONALD K. DELISLE.

Supreme Judicial Court of Massachusetts, Suffolk.

September 10, 2003.


Attorney(s) appearing for the Case

William W. Adams for the defendant.

Jane A. Sullivan, Assistant District Attorney, for the Commonwealth.

Thomas F. Reilly, Attorney General, & Natalie Monroe, Assistant Attorney General, for Attorney General, amicus curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.


CORDY, J.

Donald K. Delisle appeals from an order of a judge sitting in the Suffolk Superior Court finding him in violation of his probation, revoking it, and imposing his suspended sentence. Delisle argues that the revocation was unlawful under the Fifth Amendment to the United States Constitution because it was based on his termination from a prescribed counselling program that resulted in part from his failure to write...

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