COMMONWEALTH v. CHAPMAN


444 Mass. 15 (2005)

COMMONWEALTH vs. WAYNE CHAPMAN.

Supreme Judicial Court of Massachusetts, Essex.

April 14, 2005.


Attorney(s) appearing for the Case

Valerie A. DePalma, Assistant District Attorney, for the Commonwealth.

John S. Day for the defendant.

David Hirsch, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

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


CORDY, J.

The Commonwealth appeals from an order of a Superior Court judge dismissing its petition to commit Wayne Chapman as a sexually dangerous person, filed pursuant to G. L. c. 123A, §§ 12-16 (2004 petition). The judge ruled that the 2004 petition represented an impermissible collateral attack on a 1991 judgment that Chapman was not a sexually dangerous person. The Commonwealth contends that collateral estoppel principles are inapplicable because its...

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