Roberio v. Massachusetts Parole Board
Annotate this Case
The Supreme Judicial Court vacated the superior court judge's judgment concluding that the Parole Board did not abuse its discretion by denying Appellant's application for parole and applying the 1996 amendment to Mass. Gen. Laws ch. 127, 133A that increased the maximum permissible period between subsequent applications for parole from three years to five years, holding that further discovery concerning the Board's implementation of the 1996 amendment was necessary.
In 1986, Appellant, then a juvenile, was convicted of murder in the first degree and sentenced to life imprisonment without the possibility of parole. After Miller v. Alabama, 567 U.S. 460 (2012), was decided, Appellant became eligible for parole. The Board denied Appellant's application for parole and applied section 133A, which prescribes parole eligibility conditions for prisoners serving life sentences. The superior court affirmed. The Supreme Judicial Court vacated the superior court's order allowing the Board's motion for judgment on the pleadings, holding (1) the Legislature intended the 1996 amendment to apply retroactively; (2) the amendment is not unconstitutional on its face; but (3) further proceedings were necessary to determine whether application of the amendment to Appellant was nonetheless unconstitutional.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.