Commonwealth v. Kelley

The Commonwealth and the Department of Youth Services (department) appeal from the denial of their petition for relief pursuant to G. L. c. 211, § 3 (1990 ed.), by a single justice of this court. On February 19, 1990, the defendant, then sixteen years old, was charged with murder. G. L. c. 265, § 1 (1990 ed.). The Commonwealth requested a transfer hearing pursuant to G. L. c. 119, § 61. 2 The request for transfer was denied, and on July 21, 1990, the defendant admitted to charges of delinquency by reason of murder and was committed to the department.

The provisions of G. L. c. 120, §§ 16-19,…