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Case Information
Filed
2023-09-21
Status
Argued, under advisement
Type
Criminal
Docket
29 entries
Docket Entries
- Entered.
- ORDER: In this case, the juvenile, adjudicated to be a youthful offender, is challenging a State prison sentence imposed after his probation was revoked. The procedural question of whether and how a juvenile may obtain appellate review of such a sentence is unclear. Accordingly, the parties may file supplemental memoranda on or before October 23, 2023, of no more than ten pages, addressing the following issue: Whether a State prison sentence imposed by a Juvenile Court judge following a juvenile's adjudication as a youthful offender is a "sentence which may be reviewed" by the Appellate Division of the Superior Court, pursuant to G. L. c. 278, §§ 28A-28C, or otherwise, and if not, whether the appellate court may consider whether a particular sentence is excessively short or long compared to other defendants' sentences for the same or similar offenses, see Walsh v. Commonwealth, 358 Mass. 193, 201 (1970), or may otherwise review the juvenile's sentence for abuse of discretion or error of law.
- ANNOUNCEMENT: The Justices are soliciting amicus briefs. Whether a State prison sentence imposed by a Juvenile Court judge following a juvenile's adjudication as a youthful offender is a "sentence which may be reviewed" by the Appellate Division of the Superior Court, pursuant to G. L. c. 278, §§ 28A-28C, or otherwise, and if not, whether the appellate court may consider whether a particular sentence is excessively short or long compared to other defendants' sentences for the same or similar offenses, see Walsh v. Commonwealth, 358 Mass. 193, 201 (1970), or may otherwise review the juvenile's sentence for abuse of discretion or error of law.
- Appellee brief (IMPOUNDED) filed for Commonwealth by Karen Palumbo, A.D.A..
- The clerk's office has received the appellee's brief through e-fileMA. The brief has been accepted for filing and entered on the docket. The appellee shall file with the clerk 4 copies of the brief within 5 days. The clerk's office may require additional copies if necessary. (Note: Cover of appellee's brief shall be red.)
- ORDER: The parties shall e-file within 7 days redacted briefs that will be posted to the court's public case portal. Paper copies of redacted briefs are not required.
- Appellant brief (IMPOUNDED) filed for A Juvenile by Attorney Suzanne Lynn Renaud.
- Appendix (IMPOUNDED) filed for A Juvenile by Attorney Suzanne Lynn Renaud.
- Reply brief (IMPOUNDED) filed for A Juvenile by Attorney Suzanne Lynn Renaud.
- The clerk's office has received the appellant's brief, appendix, and reply brief through e-fileMA. The briefs and apendix have been accepted for filing and entered on the docket. The appellant shall file with the clerk 4 copies of the brief and reply brief and 3 copies of the appendix within 5 days. The clerk's office may require additional copies if necessary. (NOTE: The cover of the brief shall be blue, the cover of the appendix shall be white, and the cover of the reply brief shall be grey.)
- REDACTED Appellant brief filed for A Juvenile by Attorney Suzanne Lynn Renaud. (Note: Replacement copy of redacted appellant's brief filed. See paper #23.)
- REDACTED Reply brief filed for A Juvenile by Attorney Suzanne Lynn Renaud.
- REDACTED Appellee brief filed for Commonwealth by Karen Palumbo, A.D.A.. (Note: Replacement copy filed on September 28, 2023. See paper #14.)
- Additional 4 copies of appellee's brief filed by Commonwealth.
- Additional 4 copies of appellant's brief, 3 copies of appendix, and 4 copies of reply brief filed by A Juvenile.
- (REPLACEMENT COPY) REDACTED Appellee brief filed for Commonwealth by Karen Palumbo, A.D.A..
- NOTICE of December argument sent.
- ORDERED for argument on December 6.
- Motion to enlarge time to file supplemental memorandum filed for Commonwealth by Karen Palumbo, A.D.A.. (ALLOWED to October 30, 2023)
- MEMORANDUM in response to Court's order filed for A Juvenile by Attorney Suzanne Lynn Renaud.
- Addendum (IMPOUNDED) filed for A Juvenile by Attorney Suzanne Lynn Renaud.
- Motion of amicus for leave to access redacted briefs (IMPOUNDED) filed for Committee for Public Counsel Services, Youth Advocacy Division by Attorney John Warren. (ALLOWED. The redacted briefs shall not be shared or disseminated.)
- MEMORANDUM in response to Court's order filed for Commonwealth by Karen Palumbo, A.D.A..
- Amicus brief filed for Committee for Public Counsel Services, Youth Advocacy Division, Citizens for Juvenile Justice, and Massachusetts Academy of Criminal Defense Lawyers by Attorney John P. Warren.
- The clerk's office has received the amicus brief filed for Committee for Public Counsel Services, Youth Advocacy Division & others through e-fileMA. The brief has been accepted for filing and entered on the docket. The amicus shall file with the clerk 4 copies of the brief within 5 days. The clerk's office may require additional copies if necessary. (Note: Cover of amicus brief shall be green.)
- (REPLACEMENT COPY) REDACTED Appellant brief filed for A Juvenile by Attorney Suzanne Lynn Renaud.
- Additional 4 copies of amicus brief filed by Committee for Public Counsel Services, Youth Advocacy Division & others.
- Oral argument held. (Budd, C.J., Gaziano, J., Lowy, J., Kafker, J., Wendlandt, J., Georges, Jr., J.). View Webcast
- NOTICE: The video recording of the oral argument in this matter has been posted to the SJC YouTube archive. Subscribe and view: https://www.youtube.com/c/massachusettssupremejudicialcourt.
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