464 Mass. 566 - Appellant Montoya Brief - Mass Cases

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TABLE OF AUTHORITIES QUESTIONS PRESENTED STATEMENT OF THE CASE FACTS I. MOTION TO SUPPRESS TABLE OF CONTENTS II. THE TRIAL A. The Commonwealth's Case At Trial B. The Defendant's Case At Trial SUMMARY OF ARGUMENT ARGUMENT I. THE DEFENDANT'S MOTION TO SUPPRESS SHOULD HAVE BEEN ALLOWED BECAUSE AT THE PRECISE MOMENT THAT THE POLICE ARRESTED THE DEFENDANT THEY DID NOT HAVE PROBABLE CAUSE TO DO SO OR IN THE ALTERNATIVE THE STATEMENTS THAT THE DEFENDANT MADE DISCLOSING THE EXISTENCE OF THE HIDE WAS NOT SHOWN BEYOND A REASONABLE DOUBT TO HAVE BEEN MADE VOLUNTARILY A.The Pol Did Not Have Probab Cause To Arrest The Defendant B.The Defendant's Statement Disclosing The Existence Of The Hide Was Not Shown Beyond A Reasonable Doubt To Have Been Voluntarily Made Page No. iii 1 4 9 9 14 14 18 20 22 22 22 29
Page No. II. THE DEFENDANT WAS DEPRIVED OF HIS CONFRONTATION RIGHTS AT TRIAL WHEN DRUG ANALYSIS CERTIFICATES WERE ADMITTED INTO EVIDENCE AND WHICH ERROR WAS NOT HARMLESS BEYOND A REASONABLE DOUBT AS PERTAINING TO THE ISSUES OF THE NATURE AND THE WEIGHT OF THE ALLEGED CONTRABAND AND WHEREFORE HIS MOTION FOR A NEW TRIAL SHOULD HAVE BEEN ALLOWED 31 A. The Evidence Concerning The Weight 34 B. The Nature Of The Substance 40 II. THE DEFENDANT WAS DEPRIVED OF THE EFFECTIVE ASSITANCE OF COUNSEL AT TRIAL AND WHICH CREATED A SUBSTANTIAL RISK OF A MISCARRIAGE OF JUSTICE 46 CONCLUSION 50 CERTIFICATION OF COMPLIANCE OF BRIEF ADDENDUM INDEX TO RECORD APPENDIX Ii
Page 1: COMMONWEALTH OF MASSACHUSETTS Appel
Page 6: Commonwealth v. Levy, 459 Mass. 101
Page 11 and 12: into the jury room but on this bag
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
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464 Mass. 566 - Appellant Montoya Brief - Mass Cases

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