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ABBOTT A., A JUVENILE v. COMMONWEALTH

SJC-10663.

458 Mass. 24 (2010)

ABBOTT A., a juvenile v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

September 20, 2010.

Attorney(s) appearing for the Case

Barbara Kaban for the juvenile.

Eitan Goldberg, Assistant District Attorney (Catherine Langevin Semel, Assistant District Attorney, with him) for the Commonwealth.

David F. Segadelli, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

GANTS, J.

Acting on a petition for relief brought by the juvenile pursuant to G. L. c. 211, § 3, a single justice of this court reserved and reported three questions: (1) whether a judge may conduct a dangerousness hearing pursuant to G. L. c. 276, § 58A, where a juvenile has been determined to be legally incompetent; (2) whether, if the § 58A hearing may be held for the juvenile, the Commonwealth may satisfy...

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