In re P.R.
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The Supreme Judicial Court remanded this case for a new hearing held pursuant to Mass. Gen. Laws ch. 123, 7 and 8, holding that the trial judge erred in allowing an expert witness to testify on direct examination about the basis of his opinion when the facts were neither within the expert's personal knowledge nor otherwise admitted into evidence during the proceeding.
The Department of Mental Health filed a petition pursuant to Mass. Gen. Laws ch. 123, 7 and 8 to recommit P.R. to a mental health facility. The judge held a full hearing on the merits of the petition. During the hearing, P.R.'s psychiatrist testified for the Department. The judge ultimately found that P.R.'s commitment should continue, and the appellate division affirmed. The Supreme Judicial Court remanded the case, holding (1) the trial court erred by allowing the psychiatrist to testify about unadmitted medical reports on direct examination, and the error was prejudicial, requiring a new hearing; and (2) the judge did not err by not making a statement of written or oral findings before ordering commitment under sections 7 and 8.
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