Legal Opinion

Commonwealth v. Burgess

Massachusetts Supreme Judicial Court

Decided January 8, 2008PublishedCited by 17 opinions

1Opinion of the CourtGreaney, J.

In Commonwealth v. Nieves, 446 Mass. 583, 590-591 (2006), we considered the constitutionality of G. L. *367c. 123A, § 14, that provision of our sexually dangerous person statute that authorizes the maintenance of civil commitment proceedings against an incompetent individual who has been convicted of a sexual offense. We held in the Nieves decision that “[d]ue process is not offended by subjecting [an incompetent] defendant, with the assistance of counsel, to trial of the Commonwealth’s [G. L. c. 123A] petition as provided in § 14.” Id. at 591. We granted the defendant’s application for direct…

2Cases cited30 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Drope v. MissouriSupreme Court of the United States · 1975
  3. Jackson v. IndianaSupreme Court of the United States · 1972
  4. Cooper v. OklahomaSupreme Court of the United States · 1996
  5. Riggins v. NevadaSupreme Court of the United States · 1992

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3Cited by17 opinions

  1. Commonwealth v. Weston W.Massachusetts Supreme Judicial Court · 2009
  2. Sharris v. CommonwealthMassachusetts Supreme Judicial Court · 2018
  3. ABBOTT A., a JUVENILE v. CommonwealthMassachusetts Supreme Judicial Court · 2010
  4. People v. ParrisAppellate Division of the Supreme Court of the State of New York · 2017
  5. State v. Daniel OO.Appellate Division of the Supreme Court of the State of New York · 2011

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