463 Mass. 353 - Appellee Commonwealth Brief - Mass Cases

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TABLE OF AUTHORITIES ISSUES PRESENTED STATEMENT OF THE CASE Prior Proceedings Statement of the Facts TABLE OF CONTENTS The <strong>Commonwealth</strong>'s Case The Defendant's Case SUMMARY OF THE ARGUMENT ARGUMENT I. THE SEARCH WARRANT WAS SUPPORTED BY PROBABLE CAUSE AND A SUFFICIENT NEXUS BETWEEN THE DEFENDANT'S CRIMINAL ACTIVITY AND THE PALCE TO BE SEARCHED. A. Probable Cause B. Nexus II. THE ADMISSION OF THE CERTIFICATES OF ANALYSIS WAS HARMLESS BEYOND A REASONABLE DOUBT. 22 A. Legal Standards 22 1. The Chapman Standard Remains The Touchstone For Harmless Error Analysis Under Both State And Federal Law. 22 2. This Court Has Consistently Applied The Degraca Factors To Determine Whether A Melendez-Diaz Error Was Harmless. 25 3. A Reviewing Court Can Always Consider Whether The Strength Of The <strong>Commonwealth</strong>'s Case "Radiates From A Core Of Tainted Evidence." 28 ii 1 2 2 4 4 10 14 16 16 20
B. Applying the Degraca/Mahdi Factors, The Record Demonstrates Beyond A Reasonable Doubt That The Admission Of The Certificate of Analysis Was Harmless Error As To Ronald Mendes. III. THERE WAS NO SUBSTANTIAL RISK OF A MISCARRIAGE OF JUSTICE IN THE EVIDENCE CONCERNING CALLS PLACED TO RAYMOND MENDES'S CELL PHONE. 44 CONCLUSION ADDENDUM A. Detective Hyde's Testimony Concerning The Calls Placed To The Cellular Phones Was Not Hearsay And Did Not Implicate Confrontation Clause Protections. B. There Was No Violation Of The Wiretap Statute. ii 37 46 47 50
Page 1: COMMONWEALTH OF .MASSACHUSETTS SUPR
Page 5 and 6: Cases Commonwealth v. Degraca, 447
Page 7 and 8: Cases Commonwealth v. Todisco, 363
Page 9 and 10: COMMONWEALTH OF MASSACHUSETTS SUPRE
Page 11 and 12: The defendants moved to suppress ev
Page 13: in a primarily residential neighbor
Page 17: informants are used in drug investi
Page 20 and 21: (an eighth of an·ounce of cocaine)
Page 23: etween the defendants' drug dealing
Page 26 and 27: 431 (1992), or the informant has pr
Page 28 and 29: Blake, 413 Mass. 823, 828 (1992). N
Page 31 and 32: Fifth Amendment violation can be ha
Page 34 and 35: This test has been applied repeated
Page 36 and 37: factors call for the reviewing Cour
Page 38 and 39: at 554, If the overall strength of
Page 40: counsel for Ronald Mendes actually
Page 43 and 44: This circumstance fits comfortably
Page 45 and 46: seized. But the testimony of the de
Page 48: client is going to concede that he
Page 51 and 52: Westbrooks, 79 Mass. App. Ct. 417,
Page 53 and 54:
of the statements made by the calle
Page 55 and 56:
phones were used as instrumentaliti
Page 57 and 58:
In factually analogous cases, the A
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463 Mass. 353 - Appellee Commonwealth Brief - Mass Cases

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