COMMONWEALTH v. MAGNUS M.

SJC-10875.

461 Mass. 459 (2012)

COMMONWEALTH v. MAGNUS M., a juvenile.

Supreme Judicial Court of Massachusetts, Suffolk.

February 6, 2012.


Attorney(s) appearing for the Case

Joseph A. Pieropan , Assistant District Attorney, for the Commonwealth.

Craig R. Bartolomei ( Amy E. Winston with him) for the juvenile.

Barbara Kaban , Erica Cushner , & Gloria Tan , for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


CORDY, J.

This case, here on the reservation and report of a single justice, requires us to decide whether G. L. c. 119, § 58, empowers a Juvenile Court judge to continue a delinquency case without a finding and place the juvenile under the supervision of the probation department, notwithstanding a jury's prior verdict of delinquency. Based on the text of the statute, its placement within the broader statutory scheme, and the underlying philosophy of our juvenile...

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