Commonwealth v. Mogelinski
466 Mass. 627
Mass.2013Background
- Five delinquency complaints were filed in Juvenile Court against a defendant who was 17 at filing but turned 18 before first appearance, based on a seven-year alleged sexual abuse period (2001–2008).
- Commonwealth pursued youthful offender indictments about offenses alleged to have occurred when the defendant was 14–17, six months after delinquency proceedings began.
- Four questions were reported from the Juvenile Court judge addressing (a) when apprehension occurs; (b) whether a youth offender indictment can be issued after 18 for 14–17 offenses; (c) if so, whether transfer hearing under §72A or juvenile-track adjudication applies; (d) whether an indictment may proceed if a timely delinquency complaint existed before 18.
- The Court concluded apprehension occurs at the commencement of process (i.e., issuance of summons), answered question 2 in the negative, and answered question 4 in the negative; question 3 was not answered.
- The decision was remanded to the Juvenile Court for proceedings consistent with the opinion, and the ruling preserves limited Juvenile Court jurisdiction without extending youthful offender indictment after 18 for offenses pre-18.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Apprehension timing for Juvenile Court jurisdiction | Commonwealth | Defendant | Apprehension occurs at commencement of process (summons issued) if juvenile is available |
| Can a juvenile be indicted as a youthful offender after turning 18 for offenses committed at 14–17 | Commonwealth | Defendant | No; cannot issue youthful offender indictment after 18 |
| Whether a timely delinquency complaint before 18 allows a youthful offender indictment after 18 to proceed | Commonwealth | Defendant | No; indictment cannot proceed under §72A as a continuation of a delinquency case |
Key Cases Cited
- Commonwealth v. Nanny, 462 Mass. 798 (Mass. 2012) (transfer procedures for apprehended-after-18 cases; §72A required when appropriate)
- Commonwealth v. Dale D., 431 Mass. 757 (Mass. 2000) (delinquent vs youthful offender tracks; eligibility governs proceeding type)
- Commonwealth v. Quincy Q., 434 Mass. 859 (Mass. 2001) (youthful offender indictments require substantial underlying elements and can subsume delinquency)
- Commonwealth v. Porges, 460 Mass. 525 (Mass. 2011) (timing, due process, and transfer/appeal considerations in juvenile prosecutions)
- Commonwealth v. A Juvenile, 16 Mass. App. Ct. 251 (Mass. App. Ct. 1983) (apprehension when warrant issued; custody governs jurisdiction)