Commonwealth v. Samuel S., a juvenile (Lawyers Weekly No. 10-033-17)
Juvenile adjudicated as youthful offender and delinquent for sexual assault. Court vacates mandatory sex offender registration and GPS monitoring requirements.
Juvenile adjudicated as youthful offender and delinquent for sexual assault. Court vacates mandatory sex offender registration and GPS monitoring requirements.
Juvenile arrested with thirteen small bags of marijuana. Court affirmed dismissal, holding no probable cause to believe intent to distribute rather than personal use.
Reversed adjudication of juvenile indecent assault and battery due to improper admission of unauthenticated Facebook messages and entire SAIN interview transcript containing inadmissible character evidence.
Juvenile adjudicated delinquent for indecent assault seeks relief from sex offender registration. Court provides standard for assessing risk of reoffense under statute.
Juvenile's motion to vacate admission to sufficient facts based on alleged parental coercion required evidentiary hearing rather than decision on affidavits alone.
Juvenile's petition for extraordinary review of denial of motion to dismiss for prejudicial delay was properly rejected; denial of such motions in delinquency cases not immediately appealable.
Court affirmed dismissal of juvenile delinquency complaint for possession of marijuana with intent to distribute where probable cause was lacking. Five plastic bags of marijuana in pocket, without scales or cash, insufficient to establish distributional intent.
Juvenile's mother present during police interrogation satisfied the interested adult requirement and did not coerce confession. Trial judge erred ruling on unraised grounds.
Mandatory GPS monitoring under G.L. c. 265, § 47 does not apply to juveniles adjudicated delinquent for sex offenses, as the statute's language and structure suggest it applies only to adults, and applying it to juveniles would conflict with the juvenile justice system's rehabilitative principles.
Juvenile's 1988 rape conviction upheld despite claim trial counsel was ineffective for not requesting de novo jury trial available under then-existing two-tiered system.