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Appeals court considers whether revised Static‑99R labels are prejudicial in SDP proceeding
Summary
Appellant counsel argued the revised Static‑99R risk‑category labels and a 20‑year extrapolated risk rate are prejudicial and not probative in a sexually dangerous person proceeding; the Commonwealth said the record included metrics and instructions and that any error would be harmless given expert testimony and case strength.
The Appeals Court heard argument Dec. 4 over whether revised risk‑category labels associated with the Static‑99R instrument should have been admitted in a sexually dangerous person (SDP) trial. Appellant counsel Frederick Bartman said the new descriptive labels and a 20‑year extrapolated risk measure risked misleading a jury and overstating the significance of a category assignment.
Bartman argued that labels conveying phrases…
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