Commonwealth v. Reed

By Judge Victor V. Ludwig

The defendant, Anthony W. Reed, moves this Court to exclude Dr. Nelson’s expert report (the Evaluation), which the Commonwealth attached to its initial filing asking that the Court civilly commit Reed as a sexually violent predator (SVP). The issue which Reed raised in this motion and orally argued at a hearing on September 26, 2013 (the Hearing), and as to which both parties had previously submitted briefs, is whether Dr. Nelson’s Evaluation is based on an adequate factual foundation as required by Commonwealth v. Garrett, 276 Va. 590, 606 (2008), and its progeny.…