464 Mass. 566 - Appellant Montoya Brief - Mass Cases

More documents

Recommendations

Info

ecause (1) the evidence of kaging and conceal the ckets of alleged cocaine in hide the fendant's motor vehicle was suggestive of drug -dealing; (2) the jury was informed what an eight. was and therefore they could extr ate that to the twenty packets that they took into the evidence room, even though there was no evidence what any of Se ckets weighed and the jury returned several questions which clearly showed that they had great difficulty in determining what the total weight of the packets was and (3) the defendant allegedly made confession to the police that he had been engaged drug dealing but where the defendant took the stand at trial and denied having made this con ssion and therefore a credibility issue arose could only be resolved by a jury and the fendant's alleged confession could therefore have no relevance to a harmless error analysis in this case. Whether the defendant was deprived of the effective assistance of counsel which created a substant I risk of a misca age of justice where twenty packets alleged cocaine had been placed a at sealed bag that was marked as an exhibit and sent 3 1
into the jury room but on this bag was a tag or strip of unknown origin and which cated that the packets of leged cocaine weighed more than what was stated on t drug analysis certifi and the jury subsequently returned a question asking Court to instruct them as whether they were to this strip or the analysis certificate as weight of the twenty s and trial counsel did not object when the trial j instructed the jury that they could in effect either as the correct wei the alleged cocaine. STATEMENT OF THE CASE Pursuant to Bills of Indictment returned by Grand Jury for Mi'ddlesex County, the defendant was arraigned on December 21, 2006, Middlesex Superior, Docket No. MICR2006-01449, and under Count One with Trafficking In Cocaine r Twenty-Eight Grams And Less Than One Hundred Grams contrary to G.L. c. 94C, §32E(b) (2); under Count Two h Distribution Or Possession With Intent To Distribute A Class B Substance, Specifically Cocaine contrary to G. L. c. 94C, §3 (c); under Count Three with Vio ion Of The 4
Page 1 and 2: COMMONWEALTH OF MASSACHUSETTS Appel
Page 3 and 4: Page No. II. THE DEFENDANT WAS DEPR
Page 6: Commonwealth v. Levy, 459 Mass. 101
Page 16 and 17: April 6, 2011, the defendant filed
Page 19: anot r radio transmission from Troo
Page 25: Corcoran was prob ly originally an
Page 31 and 32: indicates t t person would not be f
Page 34 and 35: the motion to suppress that Corcora
Page 37: variable that differentiates the in
Page 41 and 42: A. The Evidence Concerning The Weig
Page 47: harmless beyond a reasonable doubt
Page 52: focused on cribing street level dru
Page 55 and 56: prejudi al but also inadmiss e hear

464 Mass. 566 - Appellant Montoya Brief - Mass Cases

Create successful ePaper yourself

Delete template?

Save as template?