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Bridgeman, et al. v. District Attorney for the Suffolk District, et al. (Lawyers Weekly No. 10-014-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-12157   KEVIN BRIDGEMAN & others[1]  vs.  DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT & others.[2]       Suffolk.     November 16, 2016. – January 18, 2017.   Present:  Gants, C.J., Botsford, Lenk, Hines, Gaziano, Lowy, & Budd, JJ.     Controlled Substances.  Constitutional Law, Conduct of government agents.  Due Process of Law, Disclosure of evidence, Presumption.  Supreme Judicial Court, Superintendence of inferior courts.  Practice, Criminal, Postconviction relief, Conduct of government agents, Disclosure of evidence, Plea, New trial.  Evidence, Certificate of drug analysis, Disclosure of evidence.       Civil action commenced in the Supreme Judicial Court for the county of Suffolk on January 9, 2014.   The case was reported by Botsford, J.     Matthew R. Segal (Daniel N. Marx, Adriana LaFaille, & Carlton E. Williams also present) for the petitioners. Benjamin H. Keehn, Committee for Public Counsel Services (Nancy J. Caplan & Eric Brandt, Committee for Public Counsel Services, also present) for Committee for Public Counsel Services. Quentin R. Weld, Assistant District Attorney, for District Attorney for the Essex District. Susanne M. O’Neil, Assistant District Attorney, for District Attorney for the Norfolk District. Vincent J. DeMore, Assistant District Attorney, for District Attorney for the Suffolk District. The following were present but did not argue: Robert J. Bender & Hallie White Speight, Assistant District Attorneys, for District Attorney for the Middlesex District. Gail M. McKenna, Assistant District Attorney, for District Attorney for the Plymouth District. Brian S. Glenny, Assistant District Attorney, for District Attorney for the Cape & Islands District. Aaron M. Katz, for Massachusetts Association of Criminal Defense Lawyers, amicus curiae. The following submitted briefs for amici curiae: Joseph S. Dowdy & Christine C. Mumma, of North Carolina, John Roddy, & Denise McWilliams for New England Innocence Project & another. Janet Moore, of Ohio, & Patricia A. DeJuneas for National Association for Public Defense. Anthony A. Scibelli & Elizabeth A. Ritvo for Boston Bar Association. Daniel K. Gelb, Chauncy B. Wood, Naveen Ganesh, & Peter Walkingshaw for National Association of Criminal Defense Lawyers & another.     GANTS, C.J.  We once again confront the tragic legacy of the misconduct of Annie Dookhan when she was employed as a chemist at the William A. Hinton State Laboratory Institute (Hinton lab).  In Bridgeman v. District Attorney for the Suffolk Dist., 471 Mass. 465, 487 (2015) (Bridgeman I), the petitioners and the intervener, […]

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Posted by Massachusetts Legal Resources - January 18, 2017 at 4:53 pm

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