Donta L. Lewis v. Commonwealth

Summary

The Massachusetts Supreme Judicial Court held that a defendant is not “on release” for purposes of G. L. c. 276, § 58, seventh paragraph, while remaining in custody after bail has been set but before bail is posted. Accordingly, the court concluded that the defendant’s bail could not be revoked under that provision based on an offense allegedly committed during that custodial period. The court reversed the county court judgment and ordered the bail-revocation order vacated, while addressing the otherwise moot issue because it was capable of repetition yet evading review.

Holdings

1. A defendant who remains in physical custody after bail has been set but before bail has been posted is not 'on release' within the meaning of G. L. c. 276, § 58, seventh paragraph.
2. A person is 'admitted to bail' only when released from custody after paying the bail amount or providing any required surety; setting bail alone does not constitute admission to bail.
3. The trial court could not rely on G. L. c. 276, § 58, seventh paragraph, to revoke Lewis's bail because the alleged offense was committed before he had been admitted to bail and while he remained detained.
4. The court exercised its discretion to decide the moot appeal because the issue was capable of repetition yet evading review, involved a novel and publicly important statutory question, and had been fully briefed and argued.

Questions Presented

1. Whether a defendant who remains in physical custody after bail has been set, but before bail has been posted, is 'on release' or has been 'admitted to bail' within the meaning of G. L. c. 276, § 58, seventh paragraph.
2. Whether G. L. c. 276, § 58, seventh paragraph, authorizes revocation of a defendant's bail based on a crime allegedly committed while the defendant remained detained before posting bail.
3. Whether the Supreme Judicial Court should decide the otherwise moot issue under the capable-of-repetition-yet-evading-review exception.

Disposition

reversed