Commonwealth v. Nick N.Annotate this Case
The Supreme Judicial Court answered three questions reported by the juvenile court judge regarding waiver, evidentiary rules, and discovery procedures for hearings conducted under the procedures set forth in Wallace W. v. Commonwealth, 482 Mass. 789 (2019).
Juvenile allegedly committed a major misdemeanor against another minor, followed by a minor misdemeanor against the same victim in a separate incident. The Commonwealth moved for a Wallace W. hearing to prove the greater offense, after which the juvenile court judge reported questions of law to the Supreme Court. The Supreme Court concluded (1) the Commonwealth may proceed directly to trial on the greater offense that preceded the first offense, but the Commonwealth may not arraign on the minor misdemeanor until it proves the greater offense; (2) a juvenile's failure to move for a prearraignment Wallace W. hearing on the first offense does not provide subject matter jurisdiction over the first offense; (3) the evidentiary rules laid out in Commonwealth v. During, 407 Mass. 108 (1990), apply to Wallace W. hearings; and (4) notice of the alleged violation and some exchange of discovery are required prior to Wallace W. proceedings.