Commonwealth v. Libby (Lawyers Weekly No. 10-108-15)
Commonwealth may not file sexually dangerous person petition against someone in custody awaiting trial without incompetency finding.
Commonwealth may not file sexually dangerous person petition against someone in custody awaiting trial without incompetency finding.
Reversed as to pre-arrest statements; affirmed as to post-arrest statements. Pre-arrest interview was noncustodial, so Miranda did not apply. Post-arrest statements properly suppressed because defendant lacked clear understanding of right to appointed counsel.