McIntire
458 Mass. 257
Mass.2010Background
- Johnstone held that, in SDP discharge proceedings under G. L. c. 123A, § 9, if both qualified examiners opine no longer sexually dangerous, the Commonwealth cannot meet its burden and the petitioner is entitled to discharge.
- McIntire, charged with SDP since 1984, had a 2002 discharge trial where both examiners said he was no longer SDP, but CAB opined he remained dangerous; jury verdict was for SDP.
- Johnstone was decided in 2009; the petitioner’s direct appeal from the 2002 judgment raised whether Johnstone applies to past judgments and whether the 2002 judgment was void ab initio.
- Appeals Court held that Johnstone applies retroactively and that the 2002 judgment was not void ab initio but voidable; subsequent 2005, 2008, 2010 SDP dispositions still stood.
- Supreme Judicial Court rejected the petitioner’s statutory and due process arguments to discharge him immediately, maintaining jurisdiction and validity of later discharge proceedings.
- Court concluded the 2002 judgment should be reversed, but discharge is not granted due to the continued SDP findings in later petitions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Johnstone applies to the 2002 direct appeal | McIntire | Commonwealth | Johnstone applies; 2002 judgment reversed |
| Whether the 2002 judgment was void ab initio | McIntire | Commonwealth | Judgment not void ab initio; voidable for error |
| Effect of post-2002 SDP discharge proceedings on entitlement to discharge | McIntire | Commonwealth | Judgments in 2005, 2008, 2010 valid; discharge not automatic |
| Whether continued confinement after 2002 violated substantive due process | McIntire | Commonwealth | No due process violation; ongoing petition rights preserved |
Key Cases Cited
- Johnstone, petitioner, 453 Mass. 544 (Mass. 2009) (gatekeeper role of two qualified examiners under § 9; if both opine not dangerous, CAB cannot meet burden)
- Commonwealth v. Poissant, 443 Mass. 558 (Mass. 2005) (previous discussion of qualified examiners in § 12(b) SDP proceedings)
- Commonwealth v. Dagley, 442 Mass. 713 (Mass. 2004) (principles of retroactivity for new interpretations of statutes)
- Commonwealth v. Travis, 372 Mass. 238 (Mass. 1977) (due process implications when not dangerous SDP; discharge implications)
- Commonwealth v. Gillis, 448 Mass. 354 (Mass. 2007) (limits on statutory authority for SDP commitments in Bridgewater context)
- Lynch v. Commonwealth, 379 Mass. 757 (Mass. 1980) (void vs. voidable judgments; finality of judgments)
- Lewis v. Commonwealth, 329 Mass. 445 (Mass. 1952) (general principle that erroneous judgments are voidable, not void)