In re Green

Prior to his scheduled release, the Commonwealth filed a petition to commit James Green as a sexually dangerous predator (SDP). Green was found sexually dangerous after a jury trial. Two months later, Green filed a petition for discharge pursuant to Mass. Gen. Laws ch. 123A, 9. After a trial, the jury returned their verdict that Green was not an SDP. The Commonwealth filed a motion for a new trial, challenging the trial judge’s instruction that in order to find Green sexually dangerous the jury must credit the expert opinion testimony of the qualified examiner. The trial court denied the motion. The Supreme Judicial Court affirmed, holding (1) a finding of sexual dangerousness must be based at least in part on credible qualified examiner opinion testimony; and (2) therefore, there was no error in the judge’s instruction that the jury must credit the qualified examiner’s opinion to reach a finding of sexual dangerousness. View "In re Green" on Justia Law