COMMONWEALTH v. WASHINGTON W.

SJC-10970.

462 Mass. 204 (2012)

COMMONWEALTH v. WASHINGTON W., a juvenile.

Supreme Judicial Court of Massachusetts, Norfolk.

May 10, 2012.


Attorney(s) appearing for the Case

Alexei Tymoczko , Assistant District Attorney ( David A. Omiunu , Assistant District Attorney, with him) for the Commonwealth.

Patricia L. Garin ( Kenneth M. Resnik with her) for the juvenile.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


GANTS, J.

The Commonwealth appeals from orders of a judge in the Juvenile Court dismissing two youthful offender indictments charging the juvenile with statutory rape. The judge ordered the dismissal after finding that the juvenile had suffered presumptive and actual prejudice from the "Commonwealth's willful and repeated failure to comply with discovery orders." We affirm the judge's dismissal of the two indictments.

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