Legal Opinion

Commonwealth v. Ballard

Massachusetts Appeals Court

Decided February 2, 2018No. 17–P–411; 17–P–411PublishedCited by 1 opinion

1Opinion of the CourtSacks, J.

*701 The Commonwealth appeals from a judgment dismissing its petition to commit the defendant as a sexually dangerous person (SDP) pursuant to G. L. c. 123A, § 12. On the date the petition was filed, the defendant was serving a criminal sentence; some two and one-half years later, the defendant was allowed to withdraw the guilty pleas to the offenses for which he had been sentenced. This led a Superior Court judge to rule, based on his interpretation of Coffin v. Superintendent, Mass. Treatment Center , 458 Mass. 186 , 936 N.E.2d 418 (2010), that the defendant was not a prisoner under G. L. c.…

2Cases cited18 opinions

  1. Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
  2. Commonwealth v. WeloskyMassachusetts Supreme Judicial Court · 1931
  3. Commonwealth v. BrunoMassachusetts Supreme Judicial Court · 2000
  4. Commonwealth v. McLeodMassachusetts Supreme Judicial Court · 2002
  5. Commonwealth v. KnappMassachusetts Supreme Judicial Court · 2004

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3Cited by1 opinion

  1. ANTHONY LEO v. CAROL MICI, Commissioner of Correction, MICHAEL RODRIGUES, Superintendent of MCI-Concord, SHEILA CREATON-KELLY, Deputy Superintendent of Re-Entry of MCI- Concord, and DANNY ORTIZ, Director of the Secure Adjustment Unit at MCI-ConcordMassachusetts Superior Court · 2025

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