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COM. v. GARRETT

Record No. 071654.

667 S.E.2d 739 (2008)

COMMONWEALTH of Virginia v. Marvin Darryl GARRETT.

Supreme Court of Virginia.

October 31, 2008.

Attorney(s) appearing for the Case

Jill Ryan, Assistant Attorney General (Robert F. McDonnell, Attorney General; Francis S. Ferguson, Deputy Attorney General; Pamela A. Sargent, Senior Assistant Attorney General; Nikki R. Salunga, Assistant Attorney General, on briefs), for appellant.

Scott D. Swajger, Woodbridge, for appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and GOODWYN, JJ., and RUSSELL, S.J.

OPINION BY Justice LAWRENCE L. KOONTZ, JR.

This is an interlocutory appeal from a civil proceeding brought by the Commonwealth under the Sexually Violent Predators Act (SVPA), Code § 37.2-900 et seq., seeking to have Marvin Darryl Garrett committed as a sexually violent predator. We consider whether the circuit court correctly ruled that Code § 16.1-306, as applicable to Garrett, prohibited the Commonwealth's use in the SVPA proceeding of records...

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