Chapman, petitioner
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The Supreme Judicial Court affirmed the superior court judge's order allowing Wayne Chapman's petition for release from civil commitment as a sexually dangerous person, holding that Defendant was not required to remain civilly committed after neither of two qualified examiners had concluded that Defendant was no longer sexually dangerous.
When Chapman had approximately one month remaining until his anticipated release from prison the Commonwealth filed a petition to commit Chapman as a sexually dangerous person beyond the term of his criminal sentence under the current version of Mass. Gen. Laws ch. 123A. After trial, Chapman was found to be sexually dangerous and committed to the treatment center for an indeterminate period. Chapman then filed petitions for discharge from civil commitment under chapter 123A, section 9, including the one at issue here. Two qualified examiners offered the opinion that Chapman was no longer sexually dangerous. Chapman then moved for a discharge. The superior court judge, relying on Johnstone, petitioner, 453 Mass. 544, 553 (2009), allowed Chapman's motion. The Supreme Judicial Court affirmed, holding (1) Johnstone was correctly decided, and the principle of stare decisis counsels in favor of adherence to this settled precedent; and (2) where both qualified examiners concluded that Defendant was not sexually dangerous, discharge was appropriate.
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