Appeals court hears arguments over classification of John Doe, 237-044, under factor 35

Justice Meade convened the appeals panel and called case 23p1031, an impounded appeal brought by John Doe (237-044) challenging a hearing examiner’s classification decision.

Attorney Fred Burkholder, representing John Doe, argued the record does not contain substantial evidence to support the examiner’s conclusion that ongoing mental-health concerns justify an elevated risk finding under factor 35. Burkholder said Doe’s only index offense occurred in 2005 when he was 12, that it was 17 years ago, and that the intervening record contains little to show sexual deviancy or additional sexual offenses. He acknowledged the patient’s psychiatric history and long-term institutionalization, including civil commitment and current placement at Taunton State Hospital, but said the mental-health…