Massachusetts High Court Upholds Civil Commitment of Sex Offender against Substantive Due Process Challenge, But Declares Portion of Sex Offender Assessment Tests Now Inadmissible

SUMMARY: The Massachusetts Supreme Judicial Court (SJC) upheld the civil commitment of a defendant as a Sexually Dangerous Person (SDP) as a result of his diagnosis as having Antisocial Personality Disorder (ASPD). The SJC rejected defendant’s Substantive Due Process claims that ASPD was insufficient to commit him as an SDP, clarifying that ASPD is sufficient proof for sexual dangerousness if there is a nexus between the disorder and the factors

Massachusetts Appeals Court Reverses Suppression Motion Ruling in Drunk Driving (OUI) Case

CASE NAME and LINK: Commonwealth v. Jamie Baker, ___Mass. App. Ct.____, Appeals Court No. 16-P-783 (May 4, 2017). SUMMARY: The Massachusetts Appeals Court, in a unanimous 3-0 decision written by Associate Justice Granger, reversed the District Court’s granting of a suppression motion in a drunk driving (OUI) case. The District Court had suppressed evidence gathered via a sobriety checkpoint based on the fact that the “written operational plan” had not