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Virginia Sexually Violent Predators Mentally Health Experts Lawyers Gloucester County

Virginia Sexually Violent Predators Mentally Health Experts Lawyers Gloucester County

ABERTA BOYCE v. COMMONWEALTH OF VIRGINIA
Facts:

The Commonwealth filed a petition under the Sexually Violent Predators Act (SVPA), Code § 37.2-900 et seq., seeking to have Boyce, who had previously been convicted of a sexually violent offense, committed as a sexually violent predator. The circuit court committed Boyce to the custody of the Department of Mental Health, Mental Retardation and Substance Abuse Services. Boyce sought review of the decision of the Circuit Court of Gloucester County Virginia.

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Virginia Sexually Violent Predators Mentally Health Experts Lawyers

Issue:
  • Whether the circuit court erred by refusing to strike the testimony of a mental health expert who relied upon a criminal charge for taking indecent liberties with children that was dismissed by nolle prosequi?
Discussion:

This court states that the psychologist did not base his opinion on the inference that defendant committed the offense dismissed by nolle prosequi. The psychologist’s opinions that defendant suffered from pedophilia and from a personality disorder, as well as his opinion that defendant was a sexually violent predator, were amply supported by prior convictions for sexual offenses against children and by evidence presented at trial. Therefore, the psychologist’s opinions were not speculative and unreliable as a matter of law and were properly admitted into evidence. For the foregoing reasons, this Court affirms the judgment of the circuit court.

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Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content

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