COMMONWEALTH v. PURDY


408 Mass. 681 (1990)

562 N.E.2d 1347

COMMONWEALTH vs. JAMES PURDY.

Supreme Judicial Court of Massachusetts, Suffolk.

November 27, 1990.


Attorney(s) appearing for the Case

Mary Ann Driscoll for the defendant.

Nijole Makaitis, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.


NOLAN, J.

This case requires us to review the denial of two motions to dismiss a petition brought by prison officials to commit the defendant as a sexually dangerous person pursuant to G.L.c. 123A, § 6. The defendant contends that the court may not properly commit him under the statute since he has engaged in no sexually assaultive behavior while in prison, that further proceedings on this matter are precluded by a prior failure to find him sexually dangerous...

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