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VUTHY SENG v. COMMONWEALTH

445 Mass. 536 (2005)

VUTHY SENG v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

December 15, 2005.

Attorney(s) appearing for the Case

Larry R. Tipton for the defendant.

Loretta M. Smith, Assistant District Attorney, for the Commonwealth.

Present: Marshall, C.J., Ireland, Spina, & Cordy, JJ.

MARSHALL, C.J.

At issue in this case is whether a criminal defendant may be required to submit to an examination by an expert of the Commonwealth's choosing to evaluate his competency to stand trial. After a court-appointed expert concluded that Vuthy Seng (defendant) was not competent to stand trial, a judge in the Superior Court allowed the Commonwealth's motion that the defendant submit to a second competency examination to be conducted by an expert of its choosing...

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