464 Mass. 566 - Appellant Montoya Brief - Mass Cases

In applying less strict test of the creation
a substantial sk of" miscarriage of justice, the
st is whether erroneous adrniss of the label
on the bag materially influenced verdict insofar
as it hinged upon determination of the weight of
alleged cont "The subst ial risk of a
scarriage of justice standard has points of
cornmonality with t more particulariz appellate
standard of review governinq the legal fications
a violation of constitutional confrontat rights .
commonality between the standards involves
late court's obI ion to assess materiality
of e testimony that, in error, was not subject to
confrontation by cross-examination, and to weigh the
,
effect of this erroneously admitted unconfronted
imony against the st of the Cornmonwe th' s
proof, notwithstanding the confrontation-related
error." Commonwealth v. Brazie, 66 Mass. App. . 315,
319 (2006).
defendant respect ly submits that ew
of fact that the jury clearly had great difficulty
wi the question of the weight of the alleged
cant and, one cannot s with fair assurance
49
. ...f"