SUPREME JUDICIAL COURT DIRK GKEINEDER - Mass Cases

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U.S. Constitution, Fourth Amendment . . . . 58, 61 U.S. Constitution, Fifth Amendment . . . . . . . . . . . . . . . 23, 45 U.S. Constitution, Sixth Amendment . . . . . . . . . . . . . . 6, 11, 36 U.S. Constitution, Fourteenth Amendment . . . . . . . . . 11, 29, 36, 45 Other Authorities 6 W.R. LaFave, Search and Seizure, S11.4 (4‘” ed. 2004) . . . . . . . . . . . . . . . 59 Blumenson, Fisher, & Kanstroom,Z <strong>Mass</strong>achusetts Criminal Practice ~ 1 5 . 2 (1998 ~ & 2001 Supp.) , . 6311. Annotation. Proorietv of Juror‘s Tests or Exweriments in J un Room, 31 A.L.R. 4th 566 (1984) . . . . . . . . . . . . . 36 XV
STATEMENT OF THE CASE Dirk K. Greineder ["Greineder"] was convicted of the first degree murder of his wife, Mabel ["Ms. Greineder"] . His direct appeal was stayed to permit him to file a motion for new trial, which was remanded to the trial judge (Chernoff, J.) . On October 31, 2007, Judge Chernoff denied Greineder's amended motion for new trial. STATEMENT OF RELEVANT FACTS An overview of the trial evidence is set forth in the trial judge's 61-page appendix to his decision denying Greineder's new trial motion. A 912.l The facts relevant to each of the specific arguments herein appear in those respective sections of the brief. SU'MWRY OF THE ARGUMENT Greineder's constitutional right to a public trial was violated when all of juror voir dire took place in private. (pp. 2-6) The admission of inculpatory DNA test results, over objection, through a witness who neither conducted the testing nor reviewed the raw data violated Greineder's constitutional right to confrontation and the rule against hearsay. (pp. 6-12) The prosecutor's misconduct in deliberately exploiting Greineder's rights to remain silent, to prepare and present a defense, and 1 References to the trial transcript are abbreviated herein as "z. [vol. I / [page (a) 1 ." References to the pre-trial and post-trial transcripts are abbreviated as "a. [date] / [page(s)l ." References to the defendant's record-appendix are abbreviated a6 "a. [pagels)l ."
Page 1 and 2: NORFOLK. ss. COMMONWEALTH OF MASSAC
Page 3 and 4: 3. Greineder's direct testimony. .
Page 5 and 6: VI. VII. d. Greineder is entitled t
Page 7 and 8: 4 . Counsel's failure to move to su
Page 9 and 10: Miller v. Harvey, 566 F.2d 879 (4th
Page 11 and 12: Commonwealth v. Carter, 39 Mass. Ap
Page 13 and 14: Commonwealth v. Martinez, 425 Mass.
Page 15: FitzDatrick v. Allen, 410 Mass. 791
Page 19 and 20: First of all, we are in Room 8. The
Page 21 and 22: logistical reasons for closure.3 As
Page 23 and 24: inculpatory DNA test results linkin
Page 25 and 26: testified that Greineder could not
Page 27 and 28: This Court held in Bmmonwealth v. N
Page 29 and 30: of his Miranda rights. a. at 112-12
Page 31 and 32: up Ms. Greineder . Greineder replie
Page 33 and 34: waives that right and makes volunta
Page 35 and 36: that Greineder had never mentioned
Page 37 and 38: they render the trial fundamentally
Page 39 and 40: Prior to trial, the Commonwealth ma
Page 41 and 42: gets to that point [i.e., to commit
Page 43 and 44: States, 17 F.2d 973, 976 (5th Cir.
Page 45 and 46: 399 Mass. 17, 21 n.5 (1987). In Gal
Page 47 and 48: 1. Rebeiro's trial testimony was fa
Page 49 and 50: As noted above, many jurisdictions
Page 51 and 52: deliberations. Judge Chernoff is co
Page 53 and 54: where the jury had experimented wit
Page 55 and 56: jury, if “a judge learns that a j
Page 57 and 58: consideration of the factors outlin
Page 59 and 60: moments" of insight, which "helped"
Page 61 and 62: Commonwealth v. Curnin, 409 Mass. 2
Page 63 and 64: In evaluating a claim of ineffectiv
Page 65 and 66: DNA test results withstands scrutin
Page 67 and 68:
In any event, if filing such a moti
Page 69 and 70:
subject to exclusion on that ground
Page 71 and 72:
esults were effectively unchallenge
Page 73 and 74:
emains unrebutted, and Dr. Brenner'
Page 75 and 76:
precisely what the Constitution pro
Page 77 and 78:
A search warrant for a residence co
Page 79 and 80:
circumatances, the court could prop
Page 81:
process can arise from a combinatio
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SUPREME JUDICIAL COURT DIRK GKEINEDER - Mass Cases

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