N.M. v. CommonwealthAnnotate this Case
A juvenile, who has been indicted as a youthful offender, is not entitled as of right to interlocutory review of a denial of a motion to dismiss that indictment.
The grand jury returned a youthful offender indictment against Juvenile, charging her with rape of a child. Juvenile moved to dismiss the indictment for lack of probable cause. The Supreme Judicial Court reversed the juvenile court judge’s order denying the motion to dismiss, holding (1) Juvenile is not entitled to interlocutory review under these circumstances, but, nevertheless, the court exercises its discretion to reach the merits of the petition; and (2) the youthful offender portion of the indictment was not sufficiently supported by probable cause.