BOYCE v. COM.

Record No. 090881.

691 S.E.2d 782 (2010)

Darrell Eugene BOYCE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 15, 2010.


Attorney(s) appearing for the Case

Michael T. Soberick (Dusewicz & Soberick, on brief), Hayes, for appellant.

Angela Boice Axselle, Assistant Attorney General (William C. Mims, Attorney General; James W. Hopper, Deputy Attorney General; Pamela A. Sargent, Senior Assistant Attorney General, on brief), for appellee.

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


OPINION BY Justice LEROY F. MILLETTE, JR.

In this appeal, we consider whether the circuit court erred by refusing to strike the testimony of a mental health expert who relied upon a criminal charge for taking indecent liberties with children that was dismissed by nolle prosequi as a factor in forming the opinion that the appellant met the criteria for a sexually violent predator.

BACKGROUND

The Commonwealth filed a petition under the Sexually...

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