In an unpublished opinion, the Supreme Court of Virginia finds reversible error in the trial court, noting that SVPA probable cause hearings require that an expert witness conducting a mental health examination be “designated by the Commissioner” and concluding that the introduction of expert testimony by a mental health professional retained by the Commonwealth, who was not designated by the Commissioner, prejudiced Appellant and had a “substantial influence” on the outcome of the proceeding.
Baughman v. Commonwealth of Virginia (Va. 2022)
Posted: September 20, 2022