Swain v. Superintendent

Swain, a State prisoner, appeals from an order of the Superior Court dismissing his petition for a writ of habeas corpus.1 Swain contended that he should be released from custody because his 1986 commitment to the treatment center at M.C.I., Bridgewater (treatment center), for being a Sexually Dangerous Person (SDP) pursuant to G. L. c. 123A, § 5, and his return to prison in 1988 were improper, illegal and unconstitutional.

On September 17, 1984, a jury found Swain guilty of aggravated rape and assault and battery by means of a dangerous weapon (cigarette lighter). On October 15, 1984, the…