Abbott A. v. Commonwealth

In July, 2009, the petitioner was charged in the Juvenile Court with armed assault with intent to murder, among other offenses. At his arraignment, the Commonwealth moved for a dangerousness hearing pursuant to G. L. c. 276, § 58A. The petitioner moved to stay the hearing, claiming that because he had been determined in February, 2009, to be incompetent to stand trial in connection with other delinquency charges pending against him, he would not be able to participate meaningfully, or assist his attorney, in a § 58A hearing. He claimed that to hold such a hearing would violate his Federal and…