In re LeSage
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The Supreme Judicial Court reversed the order of the superior court concluding that the Commonwealth's exercise of its statutory right to demand a jury trial violated Petitioner's substantive due process rights and allowing Petitioner's motion for a bench trial, holding that the judge erred in concluding that Petitioner's substantive due process rights were violated.
A jury found Petitioner to be a sexually dangerous person, and Petitioner was committed to the Massachusetts Treatment Center. Petitioner later filed a motion pursuant to Mass. Gen. Laws ch. 123A, 9 for discharge from civil commitment as a sexually dangerous person. A jury trial in 2018 resulted in a mistrial, and the matter was rescheduled for retrial in 2020. The trial, however, was continued indefinitely because of the COVID-19 pandemic and the suspension of jury trials in the state. A superior court judge granted Petitioner's motion to proceed with a bench trial, concluding that it was unconstitutional for the Commonwealth to exercise its right to demand a jury trial. The Commonwealth appealed. The Supreme Judicial Court reversed, holding that continuing commitment after a single mistrial where Petitioner was previously found to be sexually dangerous did not violate Petitioner's due process rights and did not require that Petitioner be given the opportunity to seek release pending trial.
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