N.M., a juvenile v. Commonwealth

Summary

The Massachusetts Supreme Judicial Court held that a juvenile indicted as a youthful offender has no right as a matter of course to interlocutory review under G. L. c. 211, § 3, of the denial of a motion to dismiss. The court nevertheless exercised its discretion to reach the merits and concluded that the evidence before the grand jury did not establish probable cause that the charged conduct involved the infliction or threat of serious bodily harm, as required for a youthful offender indictment. The court remanded for entry of judgment allowing the juvenile's petition and reversing the order denying the motion to dismiss.

Holdings

1. A juvenile does not have an automatic right to interlocutory review under G. L. c. 211, § 3, of the denial of a motion to dismiss a youthful offender indictment. The claim involves a right to be tried in a different forum, not a right not to be tried, and therefore does not fall within the narrow double-jeopardy exception.
2. The grand-jury evidence did not establish probable cause that the charged conduct involved the infliction or threat of serious bodily harm. Digital penetration and other sexual conduct, without additional violence, threats, or circumstances showing fear of serious bodily injury, were insufficient under G. L. c. 119, § 54.

Questions Presented

1. Whether a juvenile indicted as a youthful offender has a right to interlocutory review under G. L. c. 211, § 3, of the denial of a motion to dismiss the indictment.
2. Whether the grand-jury evidence established probable cause that the charged conduct involved the infliction or threat of serious bodily harm, as required for a youthful offender indictment under G. L. c. 119, § 54.

Disposition

reversed_and_remanded