Commonwealth v. Donovan

Summary

The court held that a transfer hearing under G. L. c. 119, § 72A, is a critical stage requiring effective assistance of counsel. It concluded that Donovan's transfer counsel was unprepared to present evidence concerning his maturity, rehabilitation, social history, employment, and risk of recidivism, creating a reasonable probability that the transfer decision would have been different. The court vacated the order denying a new trial and remanded for a new, limited transfer hearing.