Legal Opinion

Commonwealth v. Sargent

Massachusetts Supreme Judicial Court

Decided July 24, 2007PublishedCited by 23 opinions

1Opinion of the CourtIreland, J.

The defendant challenges his commitment as a “sexually dangerous person” pursuant to G. L. c. 123A, asserting that he was interviewed by a qualified examiner1 in violation of his right to counsel. The defendant also argues that the judge’s findings that he was a sexually dangerous person constituted clear error, that the Commonwealth did not timely file the petition for trial, and that he received ineffective assistance of counsel. We transferred the case from the Appeals Court on our own motion. Because we hold that there is no right to counsel at an interview with a qualified examiner under…

2Cases cited22 opinions

  1. Estelle v. SmithSupreme Court of the United States · 1981
  2. Commonwealth v. SaferianMassachusetts Supreme Judicial Court · 1974
  3. United States v. AshSupreme Court of the United States · 1973
  4. United States v. Billy G. ByersCourt of Appeals for the D.C. Circuit · 1984
  5. Commonwealth v. BrunoMassachusetts Supreme Judicial Court · 2000

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3Cited by23 opinions

  1. Malone v. ClarkeCourt of Appeals for the First Circuit · 2008
  2. Commonwealth v. PattonMassachusetts Supreme Judicial Court · 2010
  3. Commonwealth v. BaranMassachusetts Appeals Court · 2009
  4. Commonwealth v. ProiaMassachusetts Appeals Court · 2018
  5. Commonwealth v. HusbandMassachusetts Appeals Court · 2012

18 more not listed; retrieve them via the Exa API.

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