Commonwealth v. Ashe A.
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The Supreme Judicial Court vacated a juvenile court judge's decision to adjudicate Juvenile delinquent for disturbing a school assembly, in violation of Mass. Gen. Laws ch. 272, 40 and declining to apply the amended statute, as appearing in St. 2018, ch. 69, 159, holding that St. 2018 ch. 69, 159 should be applied retroactively to cases pending on April 13, 2018.
The complaint charging Defendant of disturbing a school assembly issued on February 20, 2018. On April 13, 2018, the Legislature struck the former statute in its entirety and replaced it. The juvenile court judge declined to apply the amended statute retroactively to Juvenile's conduct, and Juvenile was adjudicated delinquent. The Supreme Judicial Court vacated the delinquency adjudication and remanded the matter to the juvenile court for dismissal of the complaint, holding that because prospective application of St. 2018, ch. 69, 159 would be repugnant to the purpose of the Legislature's amendment of the school assembly statute, the statute applies retroactively to cases that were pending as of April 13, 2018.
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