Posts tagged "Fusi"

Commonwealth v. Fusi (Lawyers Weekly No. 11-008-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

16-P-1710                                       Appeals Court

COMMONWEALTH  vs.  ALFRED P. FUSI.

No. 16-P-1710.     February 1, 2017.

Sex OffenderPractice, Civil, Sex offender.  Evidence, Sex offender, Expert opinion.  Probable Cause.

After a hearing at which expert witnesses engaged by the Commonwealth and the defendant offered conflicting opinions concerning the defendant’s sexual dangerousness, a judge of the Superior Court concluded that the Commonwealth had not established probable cause to believe the defendant is sexually dangerous, dismissed the Commonwealth’s petition seeking his commitment as a sexually dangerous person pursuant to G. L. c. 123A, § 12, and ordered him released from custody.[1]  Though the judge applied the correct legal standard to the determination of probable cause, his conclusion that the evidence did not establish probable cause was in error, and therefore we reverse. read more

Posted by Stephen Sandberg - February 2, 2017 at 9:50 pm

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