Posts tagged "1006318"

Commonwealth v. Escobar (Lawyers Weekly No. 10-063-18)

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NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12430

COMMONWEALTH  vs.  JUSTINO ESCOBAR.

April 18, 2018.

Controlled Substances.  Constitutional Law, Plea, Conduct of government agents.  Due Process of Law, Plea, Disclosure of evidence.  Supreme Judicial Court, Superintendence of inferior courts.  Practice, Criminal, Plea, Conduct of government agents, Disclosure of evidence, New trial.  Evidence, Certificate of drug analysis, Disclosure of evidence.

The defendant, Justino Escobar, pleaded guilty to cocaine trafficking in 2009 and was sentenced to a term of from eight to twelve years in State prison.  In July, 2015, he filed a motion for a new trial and a related motion to conduct postconviction discovery, seeking to have his conviction vacated pursuant to Commonwealth v. Ware, 471 Mass. 85 (2015), and Commonwealth v. Scott, 467 Mass. 336 (2014).  In his motions, Escobar argued that the Commonwealth had not fully investigated misconduct at the William A. Hinton State Laboratory Institute (Hinton drug lab).[1]  In his view, the Inspector General’s investigation of the Hinton lab was incomplete because it did not inquire into whether any chemist other than Annie Dookhan had acted improperly.[2] read more

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Posted by Massachusetts Legal Resources - April 19, 2018 at 3:00 am

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