Com. v. Juvenile
| Decision Date | 14 May 1973 |
| Citation | 296 N.E.2d 194,363 Mass. 640 |
| Parties | COMMONWEALTH v. A JUVENILE. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Newman A. Flanagan, Asst. Dist. Atty., for the Commonwealth.
Stephen Hrones, Cambridge, for defendant.
Before TAURO, C.J., and REARDON, QUIRICO, HENNESSEY and KAPLAN, JJ.
This is an appeal by the Commonwealth under G.L. c. 278, § 28E, from the allowance by the Superior Court of the defendant's motion to dismiss indictments returned against him by the grand jury for Suffolk County.
On dates in August and September, 1972, complaints were issued by the Municipal Court of the Dorchester District (the juvenile court) against the defendant, then sixteen years old, charging him with being a delinquent child by reason of acts of armed robbery and assault and battery by means of a dangerous weapon. The defendant was arrested on a warrant and was arraigned and pleaded not delinquent to each of the complaints.
On October 10, 1972, the juvenile court held a hearing on the complaints. The defendant was represented by counsel. After hearing the merits, the judge dismissed the juvenile complaints and ordered that the defendant be proceeded against as an adult (see G.L. c. 119, §§ 61, 74). The judge found, following the terms of the statute (§ 61), that 'the interest of the Public requires that . . . (the defendant) shall be tried for the said offence,' but this finding was not supported by a statement in writing of 'the reasons or considerations' therefor as prescribed by Rule 85 of the Rules of the District Courts (1965). The defendant's counsel objected that he had not received prior notice that the subject of dismissal would be taken up in conjunction with the hearing on the merits, and requested a continuance of one week so that he might prepare on the issue of dismissal. The judge denied counsel's request, and counsel excepted.
On the same day, October 10, 1972, corresponding criminal complaints were issued against the defendant. The same judge, over objection and exception, held a probable cause hearing and bound the defendant over to the Superior Court for proceedings by the grand jury, which eventuated on October 12, 1972, in indictments for armed robbery and assault and battery with a dangerous weapon.
The defendant moved in the Superior Court to dismiss the indictments. In allowing the motion, the judge held that, taken as a whole, the course of proceedings in the juvenile court--the claimed lack of notice, the refusal to grant the continuance, and the blanket finding as to the 'interest of the Public' without supporting reasons or considerations under a statute laying down no further standards--deprived the defendant of due process of law.
On this appeal we do not reach any constitutional issue. Rather we hold, on the facts of the particular case, that the 'proper administration of criminal justice' (see Commonwealth v. Martin, 355 Mass. 296 301, 244 N.E.2d 303) requires that the defendant be now afforded an opportunity in the juvenile court to establish that he should be treated as a child rather than as an adult.
In our view the defendant was not deprived of notice that the question of dismissal might be...
To continue reading
Request your trial
-
Com. v. Franklin
...§ 61, itself. A JUVENILE, PETITIONER, 364 MASS. ---, 306 N.E.2D 822 (1974)A. Cf. Commonwealth v. A Juvenile, --- Mass. ---, ---, b 296 N.E.2d 194 (1973). As to the necessity for a statement of reasons, we held in Commonwealth v. Roberts, --- Mass. ---, ---, c 285 N.E.2d 919, 926, that 'no c......
-
Com. v. Clark
...Rule 85A, which sets forth factors relevant to a transfer decision, was inserted effective May 7, 1973. See Commonwealth v. A Juvenile, 363 Mass. 640, 642, 296 N.E.2d 194 (1973). Cf. A Juvenile v. Commonwealth, 370 Mass. 272, 282, 347 N.E.2d 677 (1976) (decision to transfer not proper under......
-
A Juvenile v. Com.
...(failure to afford separate hearing as to dismissal of juvenile complaint, and other procedural difficulties); Commonwealth v. A Juvenile, 363 Mass. 640, 296 N.E.2d 194 (1973) (combination of procedural actions by judge in juvenile court incompatible with "proper administration of criminal ......
-
Stokes v. Genakos
...in the nature of certiorari in the Supreme Judicial Court. See A Juvenile v. Comm., supra, 347 N.E.2d at 679; Comm. v. A Juvenile, 363 Mass. 640, 296 N.E.2d 194, 195 (1973). Appeal without a statement of reasons cannot result in meaningful review. Kent v. United States, supra, 383 U.S. at 5......