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Commonwealth v. Hunt
State: Massachusetts
Court: Supreme Court
Docket No: SJC-11004
Case Date: 07/16/2012
Plaintiff: Commonwealth
Defendant: Hunt
Plaintiff Attorney: Christine M. Kiggen,
Defendant Attorney: Brandon L. Campbell
Specialty: After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.
Preview:Commonwealth v. Hunt Opinion Summary: Defendant pleaded guilty to rape of a child and an unrelated unarmed burglary, and was sentenced to eight to 15 years. He had been the live-in boyfriend of the victim's mother for many years. When the victim was approximately seven years old, he began fondling her chest, and when she was about 10 years old he raped her once or twice each week. The charged rapes occurred when the victim was age 12 to 14. A jury found defendant to be a sexually dangerous person, G.L. c. 123A, 1, and he was committed to the Massachusetts Treatment Center for an indeterminate period of from one day to life. The Supreme Judicial Court reversed for a new trial, based on the court: allowing evidence of defendant's refusal to participate in sex offender treatment programs; admitting evidence of rumors that he had sexually assaulted another inmate; and instructing the jury regarding mental abnormality and the likelihood of engaging in sexual offenses. The prosecutor's closing argument, regarding defendant's sexual frustration from time in prison, was improper. The court properly excused a prospective juror for cause who expressed his belief that no medical expert could conclusively demonstrate whether defendant is going to commit another sexual offense. COMMONWEALTH vs. Roy L. HUNT. SJC-11004. March 8, 2012. - July 16, 2012. Sex Offender. Constitutional Law, Sex offender, Self-incrimination, Freedom of speech and press. Evidence, Sex offender, Prior violent conduct, Sexual conduct. Jury and Jurors. Practice, Civil, Sex offender, Instructions to jury. CIVIL ACTION commenced in the Superior Court Department on June 4, 2004. The case was tried before Jeffrey A. Locke, J. After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. Brandon L. Campbell for the defendant. Christine M. Kiggen, Assistant District Attorney, for the Commonwealth. Michael F. Farrington, pro se, amicus curiae, submitted a brief. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, & Duffly, JJ. GANTS, J. A Superior Court jury found the defendant to be a sexually dangerous person (SDP) as defined in G.L. c. 123A,
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