Benjamin B. v. CommonwealthAnnotate this Case
The Supreme Judicial Court affirmed the judgment of the county court denying, without a hearing, a juvenile’s petition for relief under Mass. Gen. Laws ch. 211, 3.
The juvenile was charged with making a bomb threat. A judge in the juvenile court arraigned the juvenile under the belief that she lacked authority to consider a motion to dismiss the complaint prior to arraignment. Upon reconsideration, the judge determined that she did have authority to dismiss before arraignment, vacated the arraignment of the juvenile, and directed the probation department to expunge the juvenile court’s activity record information. Thereafter, the judge again reversed herself, reinstated the juvenile’s arraignment and vacated the expungement order. The juvenile sought relief from this interlocutory ruling pursuant to this Mass. Gen. Laws ch. 211, 3 petition. The Supreme Court affirmed, holding that the circumstances of this case did not entitle the juvenile as a matter of right to invoke the court’s extraordinary power under Mass. Gen. Laws ch. 211, 3.