Cepeda v. CommonwealthAnnotate this Case
The Supreme Judicial Court affirmed the judgment of the single justice denying Petitioner’s petition filed under Mass. Gen. Laws ch. 211, 3 arguing that when the Commonwealth seeks to indict a juvenile, the grand jury must be instructed on the basic differences between juvenile and adult brains. Petitioner based his argument on the court’s decision in Commonwealth v. Walczak, 463 Mass. 808 (2012), which requires that a grand jury be instructed on the elements of murder and the significance of mitigating circumstances and defenses when the Commonwealth seeks to indict a juvenile for murder. The single justice denied the petition without a hearing. The Supreme Judicial Court affirmed, holding that Petitioner’s arguments in support of his petition were unavailing.