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COMMONWEALTH v. SARGENT

449 Mass. 576 (2007)

COMMONWEALTH v. RANDY SARGENT.

Supreme Judicial Court of Massachusetts, Worcester.

July 24, 2007.

Attorney(s) appearing for the Case

Robert E. Fox for the defendant.

Ellyn H. Lazar-Moore, Assistant District Attorney, for the Commonwealth.

Nancy Ankers White, Special Assistant Attorney General, & Mary P. Murray, for Massachusetts Department of Correction, amicus curiae, submitted a brief.

Richard J. Fallon, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & CORDY, JJ.

IRELAND, J.

The defendant challenges his commitment as a "sexually dangerous person" pursuant to G. L. c. 123A, asserting that he was interviewed by a qualified examiner1 in violation of his right to counsel. The defendant also argues that the judge's findings that he was a sexually dangerous person constituted clear error, that the Commonwealth did not timely file the petition for trial, and that he received ineffective assistance of...

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