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IN RE McINTIRE

SJC-10742.

458 Mass. 257 (2010)

JOHN McINTIRE, petitioner.

Supreme Judicial Court of Massachusetts, Worcester.

November 5, 2010.

Attorney(s) appearing for the Case

Michael A. Nam-Krane for the petitioner.

Brian P. Mansfield for the Commonwealth.

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

BOTSFORD, J.

The question we here consider concerns the application of this court's decision in Johnstone, petitioner, 453 Mass. 544 (2009) (Johnstone), to a discharge petition brought by a sexually dangerous person (SDP) that was pending on appeal on the date of the Johnstone decision. In Johnstone, this court held that "in order for the Commonwealth to...

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