Noah v. Commonwealth
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The Supreme Judicial Court reversed the order of the motion judge granting a continuance sought by the Commonwealth for the express purpose of delaying resolution of the case past the juvenile's eighteenth birthday, holding that, absent certain findings, it was an abuse discretion to allow the continuance.
Where the motion judge granted the continuance in this case, it meant the difference between twenty days and twelve months the juvenile spent in the custody of the Department of Youth Services. The Supreme Court reversed, holding (1) continuances for the sole purpose of extending the time of commitment are authorized only if there is clear and convincing evidence that the continued commitment is necessary for the rehabilitation of the juvenile and express findings are made to that effect after an evidentiary hearing; and (2) because no such findings were made in the instant case and the juvenile had already turned eighteen, it was an abuse of discretion to allow the continuance.
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