IN RE KENNEY

No. 04-P-435.

66 Mass. App. Ct. 709 (2006)

THOMAS KENNEY, petitioner.

Appeals Court of Massachusetts, Hampden.

July 13, 2006.


Attorney(s) appearing for the Case

Edward E. Eliot for the defendant.

Thomas H. Townsend, Assistant District Attorney, for the Commonwealth.

Present: CYPHER, BERRY, & DOERFER, JJ.


CYPHER, J.

On January 28, 2003, a jury found the petitioner, Thomas Kenney, sexually dangerous pursuant to G. L. c. 123A. The petitioner claims that (1) the delay of twenty-nine months between his temporary commitment and a finding of probable cause violated his due process rights, requiring that we vacate the judgment; (2) the Department of Youth Services (DYS) had no jurisdiction over the petitioner after his twenty-first birthday, and therefore, the judge should...

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