Langona v. Village of Garden City

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• when interviewed by qualified examiners, petitioner may assert psychotherapist-patient privilege, but doing so precludes petitioner from offering opinion of own expert at trial
• Commonwealth may not proceed to trial unless at least one qualified examiner opines that respondent is sexually dangerous
• in order for Commonwealth to proceed to trial, at least one qualified examiner must opine that the defendant is sexually dangerous
• \The statutory scheme therefore expressly sets the qualified examiners apart from other sources of expert evidence\
• testimony of CAB member and accompanying CAB report insufficient to avoid directed verdict
• if two qualified examiners opine that petitioner is not currently sexually dangerous, Commonwealth cannot meet its burden in proceeding under G. L. c. 123A, § 9, to establish that petitioner remains sexually dangerous

Source: CourtListener parenthetical corpus (CC0).