Commonwealth v. Mogelinski

1 N.E.3d 237, 466 Mass. 627, 2013 WL 6697770, 2013 Mass. LEXIS 984
CourtMassachusetts Supreme Judicial Court
DecidedDecember 23, 2013
StatusPublished
Cited by42 cases

This text of 1 N.E.3d 237 (Commonwealth v. Mogelinski) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Mogelinski, 1 N.E.3d 237, 466 Mass. 627, 2013 WL 6697770, 2013 Mass. LEXIS 984 (Mass. 2013).

Opinions

Lenk, J.

This case concerns the jurisdiction of the Juvenile Court.1 The Commonwealth filed five delinquency complaints against the defendant when he was seventeen, charging him with rape of a child under sixteen, G. L. c. 265, § 23, and indecent assault and battery on a child under fourteen, G. L. c. 265, § 13B, based on an alleged seven-year period of sexual abuse of the victim. Although summonsed into court on those complaints while still seventeen years old, the defendant had turned eighteen by the time of his first scheduled court appearance and arraignment. More than six months later, the Commonwealth obtained youthful offender indictments against the defendant, based on the portion of the alleged abuse that took place when he was between fourteen and seventeen years old.

Pursuant to Mass. R. Crim. P. 34, as amended, 442 Mass. 1501 (2004), a judge of the Juvenile Court reported four questions concerning issues of the Juvenile Court’s jurisdiction:

“1. Whether the term ‘apprehended’ as appearing in G. L. c. 119, § 72[,] and G. L. c. 119, § 72A[,] refers to the time when a complaint is issued against an individual, or to when an individual is summoned for arraignment, or when an individual voluntarily appears in response to a summons or complaint and submits to the jurisdiction of the court at arraignment, or when an individual is arrested, or taken into custody pursuant to a complaint issued by the court?
“2. Whether an individual may be indicted as a youthful offender after he has turned 18, for offenses he allegedly committed between the ages of 14 and 17?
“3. If yes to question 2, would those youthful offender indictments be subject to a hearing pursuant to G. L. c. 119, § 72A[,] or would the individual be proceeded against as a youthful offender pursuant to G. L. c. 119, §§ 54 and 58?
[629]*629“4. If no to question 2, may the court permit such an indictment to proceed if a delinquency complaint on the same facts against the [defendant was filed timely before his eighteenth birthday?”

We conclude that the commencement of process marks the point of apprehension, provided the individual is available to the court at that time. We answer the second reported question in the negative and, therefore, proceed directly to the fourth reported question. In answer to that question, we conclude that a youthful offender indictment may not issue against an individual after his or her eighteenth birthday, regardless of whether a delinquency complaint on the same facts has been filed before the individual’s eighteenth birthday.

1. Background and prior proceedings. On May 10, 2011, the State police filed an application for a delinquency complaint in the Juvenile Court against the defendant, after initially being notified of allegations of sexual abuse on December 13, 2010. The application for the complaint alleged two counts of rape of a child under sixteen, G. L. c. 265, § 23, and three counts of indecent assault and battery on a child under fourteen, G. L. c. 265, § 13B. An assistant clerk-magistrate allowed the application on the day that it was filed, resulting in the issuance of five delinquency complaints against the defendant. The basis of the complaints was the defendant’s alleged sexual abuse of the victim over a seven-year period, from August, 2001, to December, 2008, when the defendant was between eight and fifteen years old. On May 11, 2011, a summons issued, ordering the defendant and his mother to appear in the Juvenile Court on May 31. On May 31, the defendant duly appeared and was arraigned; he was released on personal recognizance, with conditions. When the complaint and summons issued, the defendant was less than two weeks shy of his eighteenth birthday. By the time of his arraignment on May 31, the defendant had turned eighteen years old.

Six months later, while the delinquency complaints were pending in the Juvenile Court, the Commonwealth pursued youthful offender indictments against the defendant pursuant to G. L. c. 119, § 54; the Commonwealth previously had assented [630]*630to the defendant’s motion to confirm Juvenile Court jurisdiction and had agreed not to pursue a transfer hearing. On December 5, 2011, a grand jury returned youthful offender indictments charging two counts of rape of a child under sixteen and three counts of indecent assault and battery on a child under fourteen. The indictments allege that the offenses occurred between May 23, 2007, and December 31, 2008, when the defendant was between fourteen and fifteen years old. Due to alleged violations of the release conditions, the Commonwealth moved to revoke bail, and on December 7, 2011, a warrant issued for the defendant’s arrest. The defendant was taken into custody on this warrant on December 13, when he appeared at a pretrial conference. Also on December 13, the defendant was arraigned on the youthful offender indictments, and the Commonwealth entered nolle prosequi on four of the five delinquency complaints. A nolle prosequi was entered on the remaining complaint on June 18, 2012, after the defendant had attained the age of nineteen.

On February 2, 2012, the defendant filed a motion to dismiss the indictments, arguing, inter alia, that the Juvenile Court lacked jurisdiction to proceed under G. L. c. 119, § 72, since the youthful offender indictments issued after his eighteenth birthday. That motion was denied; the defendant’s subsequent motion to report questions of law was allowed. After a Juvenile Court judge reported four questions to the Appeals Court, we transferred the case to this court on our own motion.

2. Statutory framework. After this case was argued, the Governor signed St. 2013, c. 84, “An Act expanding juvenile jurisdiction,” which amended various provisions of G. L. c. 119. The act confers jurisdiction on the Juvenile Court over cases where the alleged offense was committed up to the point of a defendant’s eighteenth (rather than seventeenth) birthday. We analyze this case, however, under the statutory scheme as it existed at all relevant times prior to this amendment.

In general, the Juvenile Court has jurisdiction over children between the ages of seven and seventeen who are alleged to have committed an offense (other than murder) prior to their [631]*631seventeenth birthday.2 G. L. c. 119, §§ 52, 74. The Juvenile Court also retains jurisdiction over children who turn eighteen while their cases are pending, in order to adjudicate “all remands and retrials following appeals from their cases, or during continuances or probation, or after their cases have been placed on file, or for any other proceeding arising out of their cases.” G. L. c. 119, § 72 (a) (where proceeding commenced via delinquency complaint). G. L. c. 119, § 72 (b) (where proceeding commenced via youthful offender indictment). The Commonwealth may proceed against these children along one of two tracks, each with different procedural protections and sentencing consequences for the juvenile.

First, “if the juvenile is proceeded against by complaint, the juvenile is classified as a delinquent.” Commonwealth v. Dale D., 431 Mass. 757, 759 (2000). Individuals proceeded against as delinquents are afforded protections not available in the adult system, such as the presumptive privacy of court records, G. L. c. 119, § 60A, and pre- or postadjudicatory probation, G. L. c. 119, § 58.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

COMMONWEALTH v. QUAHIR Q., a Juvenile
Massachusetts Supreme Judicial Court, 2025
JEFFREY CAMPBELL v. MANSOUR ABDULLA & Others.
Massachusetts Appeals Court, 2025
COMMONWEALTH v. RAJIV R., a Juvenile
Massachusetts Supreme Judicial Court, 2025
COMMONWEALTH v. ZIV Z., a Juvenile.
Massachusetts Appeals Court, 2024
Roberto Cruz v. Commonwealth
Massachusetts Supreme Judicial Court, 2024
COMMONWEALTH v. J.G.
182 N.E.3d 1020 (Massachusetts Appeals Court, 2022)
COMMONWEALTH v. JEAN LAHENS.
100 Mass. App. Ct. 310 (Massachusetts Appeals Court, 2021)
Ulla U., a juvenile v. Commonwealth
Massachusetts Supreme Judicial Court, 2020
Commonwealth v. Ashe A., a juvenile
Massachusetts Supreme Judicial Court, 2019
Commonwealth v. Matta
Massachusetts Supreme Judicial Court, 2019
Finn v. Commonwealth
128 N.E.3d 604 (Massachusetts Supreme Judicial Court, 2019)
Lazlo L. v. Commonwealth
122 N.E.3d 532 (Massachusetts Supreme Judicial Court, 2019)
Commonwealth v. Pfeiffer
121 N.E.3d 1130 (Massachusetts Supreme Judicial Court, 2019)
Commonwealth v. Williams
119 N.E.3d 1171 (Massachusetts Supreme Judicial Court, 2019)
Arias-Villano v. Chang & Sons Enterprises, Inc.
118 N.E.3d 835 (Massachusetts Supreme Judicial Court, 2019)
Ferman v. Sturgis Cleaners, Inc.
116 N.E.3d 1196 (Massachusetts Supreme Judicial Court, 2019)
Bellalta v. Zoning Bd. of Appeals of Brookline
116 N.E.3d 17 (Massachusetts Supreme Judicial Court, 2019)
Scione v. Commonwealth Commonwealth v. Barnes
114 N.E.3d 74 (Massachusetts Supreme Judicial Court, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
1 N.E.3d 237, 466 Mass. 627, 2013 WL 6697770, 2013 Mass. LEXIS 984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-mogelinski-mass-2013.