Commonwealth v. Scott (Lawyers Weekly No. 10-033-14)
Defendant entitled to conclusive presumption of government chemist misconduct where chemist signed drug certificate, but must show misconduct would have changed plea decision.
Category SJC Opinions
Commonwealth v. Gardner (Lawyers Weekly No. 10-034-14)
Defendant charged with drug distribution challenged convictions based on lab chemist misconduct, but chemist only served as notary on unrelated certificate, not as analyst.
Commonwealth v. Rodriguez (Lawyers Weekly No. 10-035-14)
Defendant who pleaded guilty based on drug analysis by a chemist later convicted of evidence tampering may withdraw his plea if he shows he would have tried the case had he known of her misconduct.
Commonwealth v. Rodriguez (Lawyers Weekly No. 10-035-14)
Defendant who pleaded guilty to drug charges based on evidence tested by a chemist later found to have committed widespread misconduct may withdraw his plea if he shows he would have gone to trial.
Commonwealth v. Davila (Lawyers Weekly No. 10-036-14)
Defendant's guilty pleas to drug charges vacated and remanded; must assert pleas were involuntary based on analyst misconduct.
Commonwealth v. Bjork (Lawyers Weekly No. 10-037-14)
Defendant convicted through guilty plea based on drug analysis by discredited chemist Annie Dookhan may challenge conviction under new presumption.
Commonwealth v. Torres (Lawyers Weekly No. 10-038-14)
Defendant's guilty plea to cocaine possession vacated and remanded where state chemist falsified drug test results.
Commonwealth v. Arce (Lawyers Weekly No. 10-031-14)
Conviction vacated where evidence insufficient to prove sex offender acquired secondary residence without notifying police. Admission of "staying" at location lacking permanence evidence insufficient under statute.
Commonwealth v. Hart (Lawyers Weekly No. 10-029-14)
Guilty plea to resisting arrest vacated where prosecution offered no facts establishing the statutory elements of force, threats, or substantial injury risk at plea hearing.
Commonwealth v. Martin (Lawyers Weekly No. 10-030-14)
Defendant convicted of murder under felony-murder rule with armed robbery predicate. Court affirmed, holding statements validly obtained, sufficiency of circumstantial evidence for robbery established.