IN RE McHOUL


445 Mass. 143 (2005)

JAMES McHOUL, JR., Petitioner.

Supreme Judicial Court of Massachusetts, Suffolk.

September 8, 2005.


Attorney(s) appearing for the Case

David Hirsch, Committee for Public Counsel Services, for the petitioner.

Mary P. Murray for the Commonwealth.

William R. Keating, District Attorney, & Tracey A. Cusick & Varsha Kukafka, Assistant District Attorneys, for District Attorney for the Norfolk District, amicus curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.


The case was tried before Sandra L. Hamlin, J.

The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.

SOSMAN, J.

In 1974, James McHoul, Jr. (petitioner), was committed to the Massachusetts Treatment Center (treatment center) as a "sexually dangerous person," pursuant to G. L. c. 123A, §§ 1 et seq., as appearing in St. 1958, c. 646, § 1. See Commonwealth v. McHoul,

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