Justia Massachusetts Supreme Court Opinion Summaries

Defendant was charged with several drug-related offenses. The substances in plastic bags seized from Defendant were sent to the William A. Hinton State Laboratory Institute for testing and were determined to contain 5.19 grams of heroin. Annie Dookhan signed the certificate of drug analysis. Dookhan, a chemist at the Hinton drug lab, was subsequently indicted on several criminal charges relating to her handling and testing of samples at the Hinton drug lab. Defendant, who had admitted to sufficient facts to warrant findings of guilty on two of the counts for which he was charged, filed a motion to withdraw his guilty pleas due to Dookhan’s testing of the drug evidence. A judge denied Defendant’s motion. The Supreme Court vacated the judge’s denial of Defendant’s motion based on its opinion issued today in Commonwealth v. Scott, holding (1) Defendant was entitled to a conclusive presumption that Dookhan’s misconduct happened in his case, that such misconduct was egregious, and that its occurrence was attributable to the Commonwealth; and (2) in order to prevail on his motion, Defendant must demonstrate a reasonable probability that knowledge of Dookhan’s misconduct would have materially influenced his decision to tender a guilty plea. Remanded. View "Commonwealth v. Rodriguez" on Justia Law

While Defendant was a passenger on the Massachusetts Bay Transportation Authority (MBTA) trolley on two occasions, Defendant aimed the camera on his cellular telephone at the crotch areas of seated female passengers and secretly attempted to photograph a visual image of the area. The Commonwealth issued two criminal complaints charging Defendant under Mass. Gen. Laws ch. 272, 105(b) with attempting to commit the offense of photographing, videotaping, or electronically surveilling a “nude or partially nude person.” The municipal court judge denied Defendant’s motion to dismiss the complaints, and Defendant sought interlocutory review. The Supreme Court reversed the order denying Defendant’s motion to dismiss, holding that section 105(b), as written, does not apply to photographing persons who are fully clothed and, in particular, does not reach the type of “upskirting” that Defendant was charged with attempting to accomplish on the MBTA. View "Commonwealth v. Robertson" on Justia Law

In 2011, allegations surfaced that Annie Dookhan, a chemist who had been employed at the forensic drug laboratory at the William A. Hinton State Laboratory Institute, had engaged in egregious misconduct regarding her handling and testing of samples at the Hinton drug lab. Dookhan was indicted on multiple counts of evidence tampering and obstruction of justice, among other counts. Also in 2011, Defendant was charged with drug-related offenses. In 2012, Defendant filed a motion to dismiss the criminal complaint on the ground that the certificates of drug analysis, which showed that the substances seized from Defendant were cocaine, had been tainted by Dookhan’s misconduct. A judge allowed the motion and dismissed the complaint. The Supreme Court vacated the judgment of dismissal, holding that dismissal was not proper under the circumstances of this case. Remanded. View "Commonwealth v. Gardner " on Justia Law