Ferrara v. Commonwealth
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The Supreme Court affirmed the judgment of the circuit court ordering Defendant to be civilly committed as a sexually violent predator for purposes of Virginia's Sexually Violent Predators Act (SVPA), Va. Code 37.2-900 through -921, holding that any error by the circuit court in construing Va. Code 37.2-906 was harmless.
At his commitment hearing, Defendant sought to introduce as substantive evidence the results of two prior mental health evaluations by a previous Commonwealth expert. The circuit court concluded that section 37.2-906 foreclosed the introduction of this evidence due to Defendant's failure to cooperate with the required evaluation in the present proceedings. Defendant appealed, arguing (1) section 37.2-906 applies to probable cause hearings rather than civil commitment hearings; and (2) any error by the trial court in construing the statutes was harmless.
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