Commonwealth v. Seamus S.

A jury found the juvenile delinquent on one count of indecent assault and battery on a child under age fourteen, G. L. c. 265, § 13B. The juvenile (represented by new counsel) filed a motion for new trial on the ground that his trial counsel provided him with ineffective assistance. After a hearing at which trial counsel testified, the motion judge, who was not the trial judge, allowed the juvenile's motion. The Commonwealth claims that the judge's allowance of that motion constituted error.2 We affirm.

Background. We relate the facts the jury could have found. The alleged victim, whom we…