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Appellant challenges "catch-all" Factor 37 use in registry hearing; board defends examiner's judgment
Summary
Appellant's counsel told the Appeals Court the registry hearing examiner relied on Factor 37 to treat a lengthy gap between offenses as evidence of ongoing risk without empirical support and asked for remand.
Attorney Ethan Stiles, representing an appellant whose case is impounded, told the Appeals Court that the hearing examiner at the offender registry improperly used Regulation Factor 37 (a catch-all "other useful information" factor) to elevate risk because the examiner treated a long interval between offenses as if it were an empirically validated risk marker.
Stiles said the examiner…
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