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IN RE JOHNSTONE

SJC-10279

453 Mass. 544 (2009)

GEORGE JOHNSTONE, petitioner.

Supreme Judicial Court of Massachusetts, Bristol.

April 9, 2009.

Attorney(s) appearing for the Case

Mary P. Murray for the Commonwealth.

Robert E. Fox for the petitioner.

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

COWIN, J.

This case concerns the interplay between the role of the qualified examiners and that of the community access board (CAB) in discharge proceedings for sexually dangerous persons pursuant to G. L. c. 123A, § 9. At the petitioner's discharge trial, two qualified examiners who, under the statutory scheme, were ordered by the court to examine the petitioner for sexual dangerousness, see id., testified that...

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