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The No-Contact "Rule": March 22, 2024

As conditions require, so to speak By Andy Delaney This week's opinions deal with criminal conditions of release and the tort known as negligent infliction of emotional distress.  On Thursday, March 21, SCOV issued a published entry order concerning a trial-court decision striking two conditions of release in response to defendant's request to modify bail. Those conditions were that defendant be released into the custody of a responsible adult and that defendant have curfew at an approved residence. In  a nutshell, defendant was charged with felony assault and battery and larceny. The State moved to hold him without bail. The trial court denied that request, but did impose the custody-of-a-responsible-adult and curfew conditions. Much later, defendant moved to modify his bail conditions, arguing that the practical effect of the conditions—because there was nobody to take him in—was unconstitutional and amounted to a hold-without-bail order, despite the court declining to hold w

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