James Green, petitioner

Summary

The Massachusetts Supreme Judicial Court held that, in a proceeding under G. L. c. 123A to determine whether a petitioner remains sexually dangerous, the Commonwealth must rely at least in part on credible opinion testimony from a qualified examiner. The court upheld a jury instruction requiring the jury to credit the qualified examiner's opinion before finding the petitioner sexually dangerous, while preserving the jury's role in determining credibility and weight. The order denying the Commonwealth's motion for a new trial was affirmed.

Holdings

1. In a sexually dangerous person proceeding under G. L. c. 123A, a finding of sexual dangerousness must be based at least in part on credible opinion testimony from a qualified examiner.
2. An instruction requiring the jury to credit a qualified examiner's opinion does not improperly dictate the weight of that opinion or usurp the jury's fact-finding role.

Questions Presented

1. Whether a jury instruction in a sexually dangerous person discharge proceeding may require the jury to credit a qualified examiner's opinion before finding the petitioner sexually dangerous.
2. Whether that instruction improperly commented on the weight of expert testimony or usurped the jury's fact-finding function.
3. Whether the instruction required a new trial.

Disposition

affirmed