section 9 discharge (Massachusetts) · Go Syfert
← Massachusetts issues

section 9 discharge in Massachusetts

5 Massachusetts opinions name it 3 courts 1985–2013 0 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Lewis v. Commonwealthgreen
mass · 1952 · cited in 1 Massachusetts opinions naming this issue, 2011–2011
1 sentence

2011Where a judgment, or in this case a sentence, is erroneous, it is “voidable for error and not void, and is therefore valid until reversed through the legal process.” See McItire, 458 Mass at 265 (judgment in §9 discharge proceeding that petitioner was a sexually dangerous person, based upon insufficient evidence, “was voidable for error and not void,” and, therefore, was “valid until reversed through the legal process”); Lynch, petitioner, 379 Mass. at 760 (where defendant’s commitment to serve sentence resulted from unconstitutional revocation of parole and was erroneous, commitment “was void

11
Wyattgreen
mass · 1998 · cited in 1 Massachusetts opinions naming this issue, 2008–2008
1 sentence

2008Wyatt, petitioner, 428 Mass. 347, 352 (1998).

11
Commonwealth v. Travisgreen
mass · 1977 · cited in 1 Massachusetts opinions naming this issue, 1985–1985
1 sentence

1985See Commonwealth v. Travis, supra at 247 n.4.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Johnstone green
mass · 2009
1 sentence

2013Although the issue before the court in Johnstone, petitioner , 453 Mass. 544 (2009), arose in the context of a § 9 discharge proceeding, the court explicitly stated that the rule applies in the context of initial commitment proceedings under G.

12013–2013
Commonwealth v. Arment green
mass · 1992
2 sentences

1993The opinion in Commonwealth v. Arment, 412 Mass. 55 , was announced February 27, 1992.

1993From that denial Redgate has appealed on the ground 1) that he was entitled to discharge from the treatment center on the strength of Commonwealth v. Arment, supra, and 2) that the evidence received at the § 9 discharge petition hearing did not support a finding that Redgate continued to be an SDP. 1.

11993–1993

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 123A, § 9 (5) MA § Mass. Gen. Laws ch. 123A, § 14 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 9 (1948–2023) MA 5 (1985–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check