McIntire

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 proceed to trial in a [SDP] discharge proceeding under G. L. c. 123A, § 9, at least one of the two qualified examiners [appointed to examine the petitioner] must opine that the petitioner remains sexually dangerous.” Id. at 553. If neither qualified…